DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2485)

PARRY STREET INDUSTRIES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 JUNE 2018

Application for approval of the PARRY STREET INDUSTRIES 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 PARRY STREET INDUSTRIES 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 6 July 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Parry Street Industries Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018, the Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009. The applicant, Parry Street Industries, sought approval of the agreement, which was argued to be fair and reasonable by the union, while the employer contested certain provisions.

The key legal issues before the Commission were whether the agreement contained terms that were fair and reasonable, and whether it met the statutory requirements of being a "better-off-overall-test" agreement. The Commission was required to consider the fairness and reasonableness of the terms of the agreement, including wages and conditions, as well as the procedural fairness of the bargaining process. Additionally, the Commission had to ensure that the agreement was not materially prejudicial to the public interest, and that it complied with the statutory requirements for approval.

The Fair Work Commission found that the agreement was fair and reasonable, and met the statutory requirements for approval. The Commission determined that the agreement was not materially prejudicial to the public interest and that it complied with the "better-off-overall-test." The Commission also found that the bargaining process was procedurally fair, and that the agreement contained terms that were fair and reasonable. In reaching its decision, the Commission considered the evidence presented by both parties and the relevant statutory provisions.

The Fair Work Commission approved the Parry Street Industries Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018, subject to the terms and conditions set out in the agreement. The Commission's decision was based on its finding that the agreement was fair and reasonable, and met the statutory requirements for approval. The employer and the union were directed to comply with the terms of the agreement, which would now be binding on all parties.

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