DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/430)

PCG COMMERCIAL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 MARCH 2020

Application for approval of the PCG Commercial Pty Ltd and CFMEU Union Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the PCG Commercial Pty Ltd and CFMEU Union Collective Agreement 2018 (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 12 March 2020. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the PCG Commercial Pty Ltd and CFMEU Union Collective Agreement 2018. The dispute centred on whether the collective agreement met the necessary criteria for approval under the Fair Work Act 2009. The Fair Work Commission, specifically the Full Bench, was tasked with reviewing the application and determining the validity of the agreement.

The legal issues that the court needed to address included whether the collective agreement contained provisions that were contrary to public policy, failed to meet the requirements for good faith bargaining, or did not provide adequate protections for employees. The court also had to consider if the agreement was made in accordance with the relevant provisions of the Fair Work Act and if it included necessary protections for vulnerable employees, such as those in precarious employment.

In examining the agreement, the Full Bench found that it did not contravene public policy or fail to demonstrate good faith bargaining. The court was satisfied that the agreement included provisions for the protection of vulnerable employees and that it was made in compliance with the Fair Work Act. The agreement was therefore deemed to be fair and appropriate, meeting all the statutory requirements for approval. Consequently, the court approved the PCG Commercial Pty Ltd and CFMEU Union Collective Agreement 2018.

The Full Bench's decision was based on a thorough examination of the agreement's provisions and a consideration of the relevant legislative framework. The court's approval of the agreement provides clarity for both the employer and the union, ensuring that the terms of the collective agreement are legally sound and compliant with the Fair Work Act.

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