DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1220)

PREMIER LABOUR RESOURCE PTY LTD/CFMEU GREENFIELD AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 APRIL 2019

Application for approval of the Premier Labour Resource Pty Ltd/CFMEU Greenfield Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Premier Labour Resource Pty Ltd /CFMEU Greenfield Agreement 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] 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 3 May 2019. The nominal expiry date of the Agreement is 1 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union, the Premier Labour Resource Pty Ltd applied for approval of the Premier Labour Resource Pty Ltd/CFMEU Greenfield Agreement 2019. The dispute centred on whether the agreement was suitable for registration under the Fair Work Act 2009, and the court was required to determine whether the agreement complied with the legislative requirements. The central issue before the court was the validity of the agreement and whether it met the necessary standards for registration, including its alignment with the Fair Work Act’s objectives and provisions.

The court examined the agreement's provisions and the process by which it was negotiated. It evaluated the compliance of the agreement with the Fair Work Act, focusing on whether it provided fair terms and conditions and if it had been negotiated in good faith. The court also considered the extent to which the agreement adhered to the principles of the Fair Work Act, including the promotion of harmonious, productive, and cooperative workplace relations. The court found that the agreement was negotiated in good faith and met the legislative requirements for registration. It concluded that the agreement provided fair terms and conditions and was consistent with the objectives of the Fair Work Act.

Following its analysis, the court approved the Premier Labour Resource Pty Ltd/CFMEU Greenfield Agreement 2019 for registration. The decision recognised the agreement's alignment with the Fair Work Act and its potential to facilitate fair and productive workplace relations. The court's approval was based on the comprehensive review of the agreement's provisions and the negotiation process, ensuring that the agreement met the legal standards required for registration.

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