DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/792)

PREMIER GRAPHICS UNIT TRUST (THE TRUSTEE FOR) T/AS PREMIER GRAPHICS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MARCH 2020

Application for approval of the Premier Graphics Unit Trust (The Trustee for) T/As Premier Graphics Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020.

[1] Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the Premier Graphics Unit Trust (The Trustee for) T/As Premier Graphics Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 31 March 2020 and, in accordance with s 54, will operate from 7 April 2020. The nominal expiry date of the Agreement is 30 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Premier Graphics Unit Trust (The Trustee for) T/As Premier Graphics Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for approval of their Enterprise Agreement 2019-2020. The application was heard in the Fair Work Commission, which has the authority to approve, reject or modify enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement complied with the requirements of the Act, including whether it provided for the terms and conditions of employment that were no worse off overall (NWOO) than the applicable awards and whether it contained prohibited content. The parties argued that the agreement was procedurally and substantively compliant and that it provided for fair terms and conditions of employment.

After considering the submissions and evidence from both parties, the Commission found that the agreement was largely compliant with the Act. The Commission noted that the agreement provided for terms and conditions that were NWOO, and it approved the agreement with minor modifications to ensure that it complied with the Act. The Commission found that the prohibited content provisions were not inconsistent with the Act and that the agreement was not otherwise objectionable. The Commission's final orders approved the agreement with the modifications and noted that the agreement was to be registered with the Fair Work Ombudsman.

In summary, the Fair Work Commission approved the Premier Graphics Unit Trust (The Trustee for) T/As Premier Graphics Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2019-2020 with minor modifications to ensure compliance with the Fair Work Act 2009. The agreement was found to provide for fair terms and conditions of employment that were NWOO, and it did not contain prohibited content. The agreement is now registered with the Fair Work Ombudsman and is in effect.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established