DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/769)

PBS MANAGEMENT COMPANY PTY LTD AND CFMEU COLLECTIVE AGREEMENT (ACT) 2016-2019

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 7 JUNE 2018

Application for approval of the PBS Management Company Pty Ltd and CFMEU Collective Agreement (ACT) 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the PBS Management Company Pty Ltd and CFMEU Collective Agreement (ACT) 2016-2019 (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 14 June 2018. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and PBS Management Company Pty Ltd, in relation to the approval of their collective agreement for the period 2016 to 2019. The dispute was heard by the Fair Work Commission (FWC). The CFMEU sought approval for the collective agreement that had been negotiated with PBS Management, which governed the terms and conditions of employment for workers in the Australian Capital Territory (ACT) region. The legal issues before the FWC centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly with respect to the protection of employees' rights and interests, and whether it met the standard of being in the best interests of the employees covered by the agreement.

The FWC examined the contents of the agreement and considered the provisions regarding wages, hours of work, leave entitlements, and other employment conditions. The Commission assessed whether the agreement provided fair and reasonable terms for the employees, and if it adequately balanced the interests of both the employer and the employees. In making its decision, the FWC also took into account any relevant enterprise agreements and awards that applied to the employees covered by the agreement. After careful consideration, the FWC determined that the proposed agreement was in the best interests of the employees and approved it, finding it to be a genuine bargain and compliant with the relevant legislation. The FWC's approval allowed the agreement to be registered and enforceable as a registered agreement under 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