DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2657)

PCG COMMERCIAL PTY LTD AND CFMEU CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2018 - 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 AUGUST 2019

Application for approval of the PCG Commercial Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2018 - 2021

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of a greenfields agreement known as the PCG Commercial Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2018 - 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of s 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 the CFMMEU 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 CFMMEU and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2019. The nominal expiry date of the Agreement is 2 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and PCG Commercial Pty Ltd. The union sought approval for a collective agreement between the two parties, covering the period 2018 to 2021. The matter was heard in the Fair Work Commission. The primary legal issues the court had to resolve were whether the agreement was made in good faith and if it met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained all the required terms, was fair and reasonable, and did not negatively impact employees' rights to freedom of association.

The court examined the content and context of the agreement, including its negotiation process and the fairness of the terms. It considered whether the agreement was genuinely negotiated and if it appropriately balanced the interests of both parties. The court also assessed the impact of the agreement on employees' rights and whether it met the statutory requirements for approval. After thorough analysis, the court concluded that the agreement was made in good faith, contained all the necessary terms, and was fair and reasonable. The court found no adverse effect on employees' rights to freedom of association.

In light of these findings, the court approved the collective agreement. The decision highlighted the importance of good faith negotiations and the need for agreements to be fair and balanced. The court's approval of the agreement reinforced the legal framework governing collective bargaining in Australia. The final orders included the approval of the PCG Commercial Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2018 to 2021, subject to the conditions and provisions outlined in the Fair Work Act 2009.

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