DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/656)

PERKON PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 MARCH 2020

Application for approval of the Perkon Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Perkon Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved Perkon Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the application for the approval of a proposed collective agreement between the parties, covering the period from 2019 to 2022. The matter was heard in the Fair Work Commission (FWC), an Australian tribunal with jurisdiction over workplace relations.

The primary legal issue before the FWC was whether the proposed collective agreement met the statutory requirements for approval under the Fair Work Act 2009. This included examining if the agreement was free from any illegality or unfair provisions and if it complied with the relevant minimum standards set by the Act. The FWC also needed to consider if the agreement was made in good faith and whether it provided a fair and efficient way to resolve workplace issues.

The FWC found that the proposed agreement did not contain any illegal or unfair provisions and complied with the minimum standards set by the Act. The tribunal was satisfied that the agreement was made in good faith and provided an efficient and fair way to resolve workplace issues. The FWC approved the application for the Perkon Pty Ltd / CFMEU Collective Agreement 2019-2022, as it considered the agreement to be in the best interests of the employees and the employer.

No further orders were made by the FWC in this case. The approval of the collective agreement meant that it would now be legally binding on both Perkon Pty Ltd and the CFMEU, governing the employment conditions and terms for the specified period.

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