DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/515)

PREMIUM PRECAST PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PRECAST PANEL ENTERPRISE AGREEMENT 2019-2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 13 MARCH 2020

Application for approval of the PREMIUM PRECAST PTY LTD and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the PREMIUM PRECAST PTY LTD and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2019-2020 (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 20 March 2020. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

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CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for the Precast Panel Enterprise Agreement between PREMIUM PRECAST PTY LTD and the CFMEU (Victorian Construction and General Division) for the period 2019-2020. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the necessary standards for approval. The union argued that the agreement was in the best interests of the employees, while PREMIUM PRECAST PTY LTD contended that certain provisions were not in line with industry standards.

The legal issues before the court included whether the agreement provided fair and reasonable terms for the employees, and if it complied with the requirements set out in the Fair Work Act 2009. Specifically, the court had to consider whether the agreement was in the best interests of the employees, whether it included terms that were fair and reasonable, and if it complied with the provisions of the Act. The court also had to consider if the agreement met the criteria for being a "modern award" under the Act.

The Fair Work Commission found that the agreement provided fair and reasonable terms for the employees and met the criteria for being a modern award. The court noted that the agreement provided for a significant increase in wages and included provisions for the protection of employees' rights and entitlements. The court was also satisfied that the agreement complied with the requirements of the Fair Work Act 2009. Consequently, the court approved the application for the agreement.

The final orders of the court approved the Precast Panel Enterprise Agreement between PREMIUM PRECAST PTY LTD and the CFMEU (Victorian Construction and General Division) for the period 2019-2020. The court's decision was based on the finding that the agreement met the necessary standards for approval and was in the best interests of the employees. The court's approval of the agreement provided certainty for both the employees and the employer, and ensured that the terms and conditions of employment were fair and reasonable.

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