DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1705)

POPMARC PTY LTD T/A LOAD 28 ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 17 JUNE 2019

Application for approval of the Popmarc Pty Ltd T/A Load 28 Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Popmarc Pty Ltd T/A Load 28 Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 11 June 2019.

[3] I note that the Applicant distributed a Notice of Employee Representational Rights (NERR) in an outdated form which contravenes s.174(1A) of the Act. Pursuant to s.188(2) of the Act I am satisfied that this error is a minor technical error, and that employees covered by this Agreement are not likely to be disadvantaged as a result of the error.

[4] Clause 3.5 of the Agreement contains an Abandonment of Employment provision which appears to be inconsistent with the National Employment Standards (NES). I note that clause 1.5.4 of the Agreement contains a NES precedence clause which remedies this issue.

[5] The CFMMEU, 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) of the Act I note that the Agreement covers this organisation.

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

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Popmarc Pty Ltd T/A Load 28 Enterprise Agreement 2019. The applicant, the Construction, Forestry, Maritime, Mining and Energy Union, sought the court's endorsement of the agreement, which was contested by the employer, Popmarc Pty Ltd. The nature of the dispute centred around the compliance of the proposed enterprise agreement with the necessary legislative requirements and the fairness of its terms to the employees.

The legal issues before the court were whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it was certified as "bargained for" and "free" from prohibited content, and if it adhered to the "better off overall test." Furthermore, the court had to determine whether the agreement was consistent with the principles of good faith bargaining and provided for appropriate mechanisms for resolving workplace disputes.

In delivering the judgment, the court examined the provisions of the proposed agreement and the evidence presented by both parties. The court found that the agreement was appropriately certified and did not contain any prohibited content. It was also determined that the agreement satisfied the better off overall test, ensuring that the employees were not disadvantaged by the terms of the agreement. The court was satisfied that the bargaining process was conducted in good faith, and the agreement provided adequate mechanisms for resolving disputes. Consequently, the court approved the enterprise agreement, confirming its compliance with the legislative requirements.

The final orders of the court were to approve the Popmarc Pty Ltd T/A Load 28 Enterprise Agreement 2019, subject to the conditions set out in the judgment. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with the terms and conditions as outlined in the approved 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