DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/307)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 FEBRUARY 2020

Application for approval of the PRI 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 PRI 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 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 28 February 2020. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the PRI Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 was brought before the Fair Work Commission (FWC). The applicant, PRI Pty Ltd, sought approval for the enterprise agreement which outlined terms and conditions for employees within the construction industry. The Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) represented the employees. The dispute centred on whether the enterprise agreement met the requirements of the Fair Work Act 2009 and was fair and reasonable in its terms and conditions.

The primary legal issues before the Commission were whether the enterprise agreement complied with the Fair Work Act, and if it contained terms and conditions that were fair and reasonable for the employees. The Commission had to consider whether the agreement met the mandatory criteria set out in the Act, including if it provided for minimum rates of pay and conditions, and if it allowed for the making of additional agreements. Additionally, the Commission had to assess whether the agreement was appropriately negotiated and if it contained any provisions that were unfair or unreasonable.

The Fair Work Commission determined that the enterprise agreement was compliant with the requirements of the Fair Work Act and contained terms and conditions that were fair and reasonable. The Commission found that the agreement provided for minimum rates of pay and conditions, and allowed for the making of additional agreements where necessary. The Commission also noted that the agreement had been appropriately negotiated between the parties and did not contain any unfair or unreasonable provisions. The Commission approved the enterprise agreement, finding it to be in the best interests of the employees and the employer.

The Fair Work Commission approved the PRI Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020, effective from 1 July 2019. The agreement will provide for the minimum rates of pay and conditions for employees within the construction industry, and will allow for the making of additional agreements where necessary. This decision provides certainty for both the employer and employees, and ensures that the agreement is fair and reasonable for all parties involved.

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