DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/496)

PRO-TECH HOARDINGS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 12 MARCH 2020

Application for approval of the Pro-Tech Hoardings Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Pro-Tech Hoardings Pty Ltd and the CFMEU (Victorian Construction and General Division) 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 the 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 19 March 2020. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Pro-Tech Hoardings Pty Ltd jointly applied to the Fair Work Commission for approval of their enterprise agreement, which was made on 20 December 2019. The agreement was made under section 172 of the Fair Work Act 2009. The parties sought to have the agreement registered as a transitional agreement under section 233 of the Fair Work Act 2009. The application was made on 16 January 2020. The Commission was required to determine whether the agreement met the criteria for approval as a transitional agreement, as well as whether it was in the interests of employees.

The Commission found that the agreement was made in good faith and met the requirements of the Fair Work Act 2009. The agreement provided for transitional arrangements, including the transition of employees from the previous enterprise agreement to the new agreement. The Commission also found that the agreement was in the interests of the employees, as it provided for reasonable terms and conditions of employment, including protections for employees in the event of redundancy. The Commission approved the agreement as a transitional agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009.

The Fair Work Commission approved the Pro-Tech Hoardings Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 as a transitional agreement. The approval was subject to modifications to ensure compliance with the Fair Work Act 2009. The modifications included changes to the agreement to ensure that employees were not disadvantaged by the transitional arrangements. The Commission found that the agreement met the criteria for approval and was in the interests of the employees. The agreement provided for reasonable terms and conditions of employment, including protections for employees in the event of redundancy.

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