DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/185)

PACC BUSINESS TRUST (THE TRUSTEE FOR) T/AS PACC VICTORIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 FEBRUARY 2019

Application for approval of the PACC Business Trust (The Trustee For) T/As PACC Victoria Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the PACC Business Trust (The Trustee For) T/As PACC Victoria Pty Ltd and the CFMEU (Victorian Construction and General Division) 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, Maritime, 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 18 February 2019. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the PACC Business Trust (the trustee for PACC Victoria Pty Ltd) and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute centred around the terms and conditions of employment, including wages, hours of work, leave provisions, and other related matters, between the employer and the union representing the employees. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Fair Work Commission included whether the agreement provided for the modern award provisions in their entirety, whether it contained permissible terms that did not undermine the modern award system, and whether it included appropriate dispute resolution mechanisms. The Commission also needed to assess whether the agreement was made in good faith and whether it was fair and reasonable in all the circumstances. Furthermore, the Commission had to consider whether the agreement complied with the various statutory provisions, including those relating to the protection of employees' rights and interests.

In reaching its decision, the Fair Work Commission carefully examined the terms of the agreement and the evidence presented by both parties. The Commission found that the agreement did indeed provide for the modern award provisions in their entirety and included permissible terms that did not undermine the modern award system. The Commission also determined that the agreement contained appropriate dispute resolution mechanisms and was made in good faith. Additionally, the Commission concluded that the agreement was fair and reasonable in all the circumstances and complied with the relevant statutory provisions. Based on these findings, the Fair Work Commission approved the PACC Business Trust (the trustee for PACC Victoria Pty Ltd) and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

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