DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1427)

PERICON PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISON) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 MAY 2019

Application for approval of the Pericon Pty Ltd and the CFMEU (Victorian Construction and General Divison) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Pericon Pty Ltd and the CFMEU (Victorian Construction and General Divison) Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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

[3] The Construction, Forestry, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2019. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of an enterprise agreement with Pericon Pty Ltd. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the criteria for registration under the Fair Work Act 2009. The dispute arose from objections to certain provisions of the agreement by other industry stakeholders. The FWC had to consider the fairness of the agreement's terms and conditions, and whether it complied with the statutory requirements for registration.

The central legal issues before the FWC were whether the provisions of the Enterprise Agreement were procedurally and substantively fair, and whether they complied with the relevant provisions of the Fair Work Act. The FWC examined the process by which the agreement was negotiated and whether it was made in good faith. The FWC also assessed whether the terms of the agreement were consistent with the principles of the national workplace relations system, including the protection of employees' rights and interests.

The FWC found that the agreement had been negotiated in good faith and that the process was procedurally fair. The FWC also determined that the substantive terms of the agreement were fair and did not undermine the principles of the national workplace relations system. The FWC noted that the agreement provided for protections and benefits that were consistent with industry standards, and that it did not contain any terms that were overly restrictive or detrimental to employees. The FWC concluded that the agreement met the criteria for registration and approved it.

The FWC registered the Pericon Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018, finding it to be fair and compliant with the requirements of the Fair Work Act. The FWC's decision provides clarity on the registration process for enterprise agreements and affirms the importance of good faith negotiations and fair terms in the workplace relations system.

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