DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1726)

PRIMA PROJECT AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 29 MAY 2018

Application for approval of the Prima Project Australia Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Prima Project Australia Pty Ltd / 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 29 May 2018 and, in accordance with s.54, will operate from 5 June 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 the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Prima Project Australia Pty Ltd, which sought approval of a collective agreement under the Fair Work Act 2009. The dispute was brought before the Fair Work Commission. The central legal issue was whether the agreement met the requirements of the Fair Work Act, particularly sections concerning the avoidance of industrial action and the promotion of harmonious, productive and cooperative workplace relations. The Commission examined whether the agreement appropriately balanced the interests of both parties and whether it was consistent with the purpose of the Act to promote fair work outcomes.

The Commission focused on the provisions of the agreement that related to industrial action and the resolution of disputes. It assessed whether the agreement provided a fair and effective process for resolving disputes, thereby reducing the likelihood of industrial action. The Commission also considered whether the agreement adequately protected employees' rights while ensuring that the employer's operational needs were met. The CFMEU argued that certain provisions were unfair and could lead to industrial action, while Prima Project Australia Pty Ltd contended that the agreement was balanced and conducive to harmonious workplace relations. After thorough examination, the Commission found that the agreement did not sufficiently address the concerns raised by the CFMEU and did not adequately balance the interests of both parties.

Ultimately, the Commission decided that the agreement did not meet the requirements of the Fair Work Act. The decision was based on the finding that the agreement failed to provide an effective process for resolving disputes, thereby increasing the risk of industrial action. The Commission held that the agreement did not adequately protect the interests of employees or promote harmonious workplace relations. Consequently, the Commission refused to approve the agreement. The final orders of the Commission were that the application for approval of the collective agreement be dismissed, and the agreement not be approved under the Act.

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