DECISION

Fair Work Act 2009
s.185— Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2345)

PRECISION NETWORK CABLING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER BISSETT	MELBOURNE, 19 JULY 2019

Application for approval of the Precision Network Cabling Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of a greenfields agreement known as the Precision Network Cabling Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (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] The Agreement 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 26 July 2019. The nominal expiry date of the Agreement is 2 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of a collective agreement between Precision Network Cabling Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was heard in the Fair Work Commission, an Australian federal statutory tribunal responsible for resolving workplace disputes. The CFMEU sought approval for a collective agreement that outlined the terms and conditions of employment for its members working at Precision Network Cabling Pty Ltd.

The legal issues central to the case revolved around whether the proposed collective agreement met the necessary statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement complied with the "better off overall test" which mandates that employees should be no worse off financially and at least some should be better off overall. Additionally, the court had to ensure that the agreement adhered to all relevant provisions of the Fair Work Act, including those relating to the protection of employees' rights and interests.

The Fair Work Commission found that the proposed collective agreement satisfied the statutory requirements for approval. The agreement provided for fair terms and conditions that met the "better off overall test," ensuring that employees would benefit from the agreement. The court also confirmed that the agreement complied with all relevant provisions of the Fair Work Act, including those designed to protect employees' rights and interests. Consequently, the Commission approved the Precision Network Cabling Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

The final orders included the approval of the collective agreement, which was to take effect from the date of the Commission's decision. The agreement was to be registered with the Fair Work Ombudsman, and Precision Network Cabling Pty Ltd was directed to provide the CFMEU with a copy of the approved agreement. These orders ensured that the terms of the agreement would be legally binding and enforceable, providing clarity and certainty for both the employer and the employees 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