DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/340)

PREMIER LABOUR RESOURCE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 FEBRUARY 2020

Application for approval of the Premier Labour Resource Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Premier Labour Resource 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 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 3 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 involved an application for approval of a collective agreement between Premier Labour Resource Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019 to 2022. The CFMEU sought to have the agreement approved as a modern award, arguing it met the necessary criteria under the Fair Work Act 2009. The dispute centred on whether the agreement provided fair and reasonable terms and conditions for employees and whether it complied with the relevant legislative requirements.

The central legal issues before the Commission were whether the collective agreement provided for fair and reasonable terms and conditions for employees and if it complied with the requirements of the Fair Work Act. The Commission needed to examine the provisions of the agreement to ensure they met the criteria for approval as a modern award, which includes provisions that are fair and reasonable in all respects for employees and employers. The Commission also had to consider whether the agreement adequately covered the scope of the bargaining, provided for fair dispute resolution processes, and met other legislative requirements.

In making its decision, the Commission conducted a detailed analysis of the agreement's provisions. The Commission found that the agreement provided for fair and reasonable terms and conditions for employees, including provisions for pay rates, hours of work, leave entitlements, and other employment conditions. The Commission also noted that the agreement included appropriate dispute resolution processes and covered the necessary scope of the bargaining. After careful consideration, the Commission determined that the agreement met all the legislative requirements for approval as a modern award and granted the application for approval.

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