DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3444)

PRESTON HIRE (NSW) PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER SAUNDERS	SYDNEY, 30 AUGUST 2018

Application for approval of the Preston Hire (NSW) Pty Limited / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Preston Hire (NSW) Pty Limited / CFMEU Collective Agreement 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 6 September 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for the approval of the Preston Hire (NSW) Pty Limited / CFMEU Collective Agreement 2018. Preston Hire is a company that provides equipment and personnel for hire in the construction and mining industries. The CFMEU is a trade union representing workers in various industries, including construction and mining. The application for approval was made under the Fair Work Act 2009, which requires that certain collective agreements be approved by the Fair Work Commission before they can be registered.

The legal issues before the court involved determining whether the agreement met the statutory requirements for approval, including whether it provided for the protection of employees' rights and interests, and whether it was consistent with the objects of the Fair Work Act. The CFMEU argued that the agreement was necessary to protect workers' rights and interests in the industry, while Preston Hire contended that the agreement imposed excessive costs and restrictions on the company. The court considered the evidence and arguments presented by both parties, as well as relevant legal principles and precedents.

The Fair Work Commission found that the agreement met the statutory requirements for approval. The court considered that the agreement provided for the protection of employees' rights and interests, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The court also found that the agreement was consistent with the objects of the Fair Work Act, which include promoting high levels of employment and decent conditions of work. The court rejected Preston Hire's arguments that the agreement imposed excessive costs and restrictions on the company, finding that the benefits to employees outweighed any potential burdens on the company. The application for approval was therefore granted.

The Fair Work Commission approved the Preston Hire (NSW) Pty Limited / CFMEU Collective Agreement 2018, and it was registered with the Commission. The agreement will now apply to employees of Preston Hire who are members of the CFMEU, and will provide them with improved wages, leave entitlements, and dispute resolution mechanisms. The decision of the Fair Work Commission is a significant victory for the CFMEU and its members, and will help to ensure that workers in the construction and mining industries receive fair and decent working conditions.

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