DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3747)

PAN MAN QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 18 OCTOBER 2019

Application for approval of the Pan Man QLD Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Pan Man QLD Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2019. The nominal expiry date of the Agreement is 2 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union and Pan Man QLD Pty Ltd, the Fair Work Commission was tasked with reviewing and approving a collective agreement between the union and the employer. The union, representing workers in the construction, forestry, maritime, mining and energy sectors, had negotiated a new collective agreement with Pan Man QLD Pty Ltd, which sought the Commission's approval. The nature of the dispute involved ensuring that the proposed agreement complied with the relevant industrial legislation, particularly focusing on its fairness and compliance with the applicable standards.

The primary legal issues before the Commission included whether the collective agreement met the statutory requirements under the Fair Work Act 2009, and whether the terms of the agreement were fair and reasonable in all aspects. This involved scrutinising the provisions related to wages, working conditions, dispute resolution mechanisms, and other terms and conditions of employment. The Commission also had to determine if the agreement adequately reflected the needs and interests of both the employees and the employer, and whether it would promote harmonious industrial relations.

After thorough examination, the Fair Work Commission found that the collective agreement generally complied with the statutory requirements and was fair and reasonable in its terms. The Commission highlighted that the agreement provided for appropriate wage increases, reasonable working hours, and effective dispute resolution mechanisms. While noting some minor concerns, the Commission concluded that these did not significantly detract from the overall fairness of the agreement. Consequently, the Commission approved the collective agreement, recognising its balance between the interests of the union and the employer.

As a result of the Commission's decision, the Pan Man QLD Pty Ltd and CFMEU Union Collective Agreement 2018-2019 was formally approved, effective from the date of the decision. The approval ensures that the terms of the agreement are legally binding on both parties and provides a framework for industrial relations within the specified sectors for the duration of the agreement.

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