DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/143)

PAZ NO. 10 PTY. LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 FEBRUARY 2020

Application for approval of the PAZ NO. 10 PTY. LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of a greenfields agreement known as the PAZ NO. 10 PTY. LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2020. The nominal expiry date of the Agreement is 29 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by PAZ NO. 10 PTY. LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the approval of their Enterprise Agreement 2019-2020. The application was made to the Fair Work Commission (FWC), which is the body responsible for resolving workplace disputes and approving enterprise agreements. The agreement in question was submitted to the FWC for its approval under the Fair Work Act 2009, which governs the terms and conditions of employment in Australia.

The legal issues that the FWC had to determine were whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly regarding its coverage of employees, the terms and conditions it proposed, and whether it had been genuinely negotiated between the employer and the union. The FWC had to ensure that the agreement was fair and balanced, did not undermine the safety nets provided by the safety net award, and did not discriminate against any group of employees. Additionally, the FWC needed to verify that the union had genuinely represented the employees in the negotiation process and that the agreement had been independently assessed by the Independent Bargaining Adviser.

In its decision, the FWC examined the provisions of the enterprise agreement and found that it was generally in compliance with the Fair Work Act. The FWC considered the terms and conditions of the agreement, the coverage of employees, and the negotiation process. The FWC concluded that the agreement was fair and balanced and did not undermine the safety net award. The FWC also found that the union had genuinely represented the employees and that the agreement had been independently assessed. Based on these findings, the FWC approved the enterprise agreement, acknowledging the need to balance the interests of the employer and the employees.

The FWC's approval of the enterprise agreement means that it will now govern the employment terms and conditions between PAZ NO. 10 PTY. LTD and the employees covered by the agreement, as represented by the CFMEU. The approval signifies that the FWC has determined the agreement to be fair and in compliance with the relevant legislative framework.

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