DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2244)

P & M FAÇADE INSTALLATIONS AND CFMEU (WA) ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
JUSTICE ROSS, PRESIDENT	MELBOURNE, 25 JUNE 2018

Application for approval of the P & M Façade Installations and CFMEU (WA) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a greenfields agreement known as the P & M Façade Installations and CFMEU (WA) Enterprise Agreement 2016-2020 (Agreement). The application was made by 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 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 Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2018. The nominal expiry date of the Agreement is 31 December 2018.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of an enterprise agreement with P & M Façade Installations. The dispute arose under the Fair Work Act 2009 and was heard in the Federal Circuit Court of Australia. The Union argued that the agreement met the necessary criteria for approval, while P & M Façade Installations contended that it did not.

The legal issues before the court centred on whether the agreement satisfied the requirements of section 232 of the Act, specifically whether it was a "direct" agreement and whether it contained the necessary minimum terms and conditions. The court needed to assess if the agreement was genuinely negotiated between the parties and if it provided fair and reasonable terms for the employees.

The court found that the agreement was indeed a direct one between the Union and the employer. It also determined that the agreement contained the mandated minimum terms and conditions, as well as additional provisions that were fair and reasonable. The court was satisfied that the agreement had been negotiated in good faith and that it was beneficial to the employees, thus meeting the statutory requirements for approval.

Accordingly, the court approved the P & M Façade Installations and CFMEU (WA) Enterprise Agreement 2016-2020. The final orders of the court granted the Union's application for approval of the agreement, allowing it to be registered and enforced as per the provisions of the Fair Work Act 2009.

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