DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3424)

PROBUILD CONSTRUCTIONS (AUST) PTY LTD AND CFMEU (WA) EXCHANGE GREENFIELDS AGREEMENT 2019-2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 SEPTEMBER 2019

Application for approval of the Probuild Constructions (Aust) Pty Ltd and CFMEU (WA) Exchange Greenfields Agreement 2019-2021.

[1] An application has been made for approval of a greenfields agreement known as the Probuild Constructions (Aust) Pty Ltd and CFMEU (WA) Exchange Greenfields Agreement 2019-2021 (the Agreement). The application was made by 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 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 1 October 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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 an enterprise agreement between Probuild Constructions (Aust) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (WA Branch). The central issue was whether the agreement met the criteria for approval under the Fair Work Act 2009. The case was heard by the Fair Work Commission, which has jurisdiction over such applications.

The legal issues before the Commission included whether the agreement had been made freely and fairly, without coercion, and whether it complied with the procedural requirements set out in the Act. Another key issue was whether the agreement adequately covered all matters prescribed by the Act, including minimum wages and other terms and conditions of employment. Additionally, the Commission had to consider whether the agreement provided for proper dispute resolution mechanisms.

In delivering its decision, the Fair Work Commission found that the agreement had been made without any improper influence or coercion. The Commission was satisfied that the necessary procedural requirements had been followed, including the provision of full particulars and the opportunity for employee representatives to consult with their members. The agreement was also found to cover all prescribed matters, including minimum wages, leave entitlements, and other employment conditions. Furthermore, the Commission approved the dispute resolution provisions, which included a multi-step process involving conciliation and, if necessary, arbitration. Based on these findings, the Commission approved the agreement.

The Fair Work Commission ordered the approval of the Probuild Constructions (Aust) Pty Ltd and CFMEU (WA) Exchange Greenfields Agreement 2019-2021, effective from the date of the decision. This approval meant that the agreement would be registered and enforceable, providing a framework for the employment conditions of the parties for the specified period.

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