DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/392)

PTWORKS (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 MARCH 2020

Application for approval of the PTWorks (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the PTWorks (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022 (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 2 March 2020 and, in accordance with s 54, will operate from 9 March 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the PTWorks (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022. The applicant, PTWorks (NSW) Pty Ltd, sought approval for the agreement that had been reached with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which was the respondent. The dispute centred on the terms and conditions of employment, including wages, working hours, and other employment-related matters, as stipulated in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards and whether it should be approved.

The primary legal issue that the Commission had to decide was whether the agreement complied with the relevant provisions of the Fair Work Act 2009. This included ensuring that the agreement did not contain any terms that were contrary to public policy or that had the potential to undermine the fundamental rights of employees. The Commission also needed to assess whether the agreement had been made in good faith and whether it provided for proper consultation between the parties. Another critical issue was whether the agreement adequately protected the interests of employees, particularly in terms of wages, working conditions, and dispute resolution mechanisms.

In its decision, the Commission thoroughly examined the contents of the agreement, considering the legal requirements and the specific context of the industry. The Commission noted that the agreement had been negotiated in good faith and that it provided for adequate consultation between the employer and the union. The Commission also found that the agreement contained terms that were not contrary to public policy and that it adequately protected the interests of employees. Importantly, the Commission concluded that the agreement was in the best interests of the employees and that it complied with the statutory requirements under the Fair Work Act. Based on this analysis, the Commission approved the PTWorks (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022.

The Fair Work Commission approved the collective agreement between PTWorks (NSW) Pty Ltd and the CFMEU for the period 2019-2022, finding that it met all necessary legal standards and was in the best interests of the employees. The decision underscored the importance of ensuring that collective agreements are negotiated in good faith, provide for proper consultation, and protect the fundamental rights and interests of employees. The Commission's approval of the agreement sets a precedent for future negotiations in the industry and reinforces the importance of adhering to legal requirements when drafting employment agreements.

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