DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/3184)

PREMIER HOLDINGS GROUP PTY LTD / CFMEU GREENFIELD AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 JULY 2018

Application for approval of the Premier Holdings Group Pty Ltd / CFMEU Greenfield Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Premier Holdings Group Pty Ltd / CFMEU Greenfield Agreement 2018 (Agreement). The application was made by the 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 the Construction, Forestry, Maritime, Mining and Energy Union are 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 the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 August 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 case involved an application for the approval of the Premier Holdings Group Pty Ltd / CFMEU Greenfield Agreement 2018, which was brought before the Fair Work Commission. The dispute arose between the Premier Holdings Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application sought the Commission's approval of the agreement, which aimed to establish terms and conditions of employment for workers employed by the company within the scope of the agreement. The primary legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether the agreement was genuinely bargained between the parties.

The Commission examined the negotiation process, the provisions of the agreement, and whether it provided for fair and reasonable terms and conditions. The Commission also assessed if the agreement was in the best interest of the employees and whether it complied with the statutory requirements for approval. In reaching its decision, the Commission considered submissions from both parties and relevant legislative provisions. Ultimately, the Commission determined that the agreement met the necessary criteria for approval and was genuinely negotiated between the parties. The agreement was considered to provide for fair and reasonable terms and conditions, and it was in the best interests of the employees.

As a result, the Fair Work Commission approved the Premier Holdings Group Pty Ltd / CFMEU Greenfield Agreement 2018. The approval was granted subject to certain conditions and a review process to ensure ongoing compliance with the Fair Work Act 2009. The decision provided clarity on the legal framework for approving such agreements and reinforced the importance of genuine bargaining in industrial relations.

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