DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6467)

PBS MANAGEMENT COMPANY PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 20 DECEMBER 2018

Application for approval of the PBS Management Company Pty Ltd and CFMEU Union Collective Agreement 2018–2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the PBS Management Company Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CFMMEU.

[3] I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and PBS Management Company Pty Ltd. The matter was brought before the Fair Work Commission as an application for the approval of a collective agreement between the parties, covering the period from 2018 to 2019. The dispute centred on whether the proposed terms and conditions within the collective agreement were in line with the relevant labour laws and standards.

The primary legal issue the Commission had to address was whether the collective agreement met the criteria set out in the Fair Work Act 2009, specifically sections concerning the approval process for enterprise agreements and the 'better off overall test'. This test required the Commission to determine if the proposed agreement would leave the employees better off overall compared to the existing industrial instruments or the applicable minimum standards.

In delivering its decision, the Fair Work Commission closely examined the provisions of the proposed collective agreement. The Commission considered the economic and non-economic benefits and detriments of the agreement for the employees, ensuring that the balance of these factors resulted in the employees being better off overall. After careful deliberation, the Commission concluded that the agreement did indeed meet the requirements of the Act and approved the collective agreement, finding that it was consistent with the statutory obligations and provided for a fair and equitable outcome for 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