DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/820)

PTWORKS (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 29 MARCH 2018

Application for approval of the Ptworks (NSW) Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ptworks (NSW) 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.

[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 5 April 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement entered into with Ptworks (NSW) Pty Ltd. The CFMEU sought to have the agreement made a registered agreement, effective from 1 July 2018, for a period of three years. The dispute arose due to differences between the parties regarding the terms and conditions of employment, particularly in relation to the classification of employees and the implementation of certain work practices.

The legal issues before the Commission included whether the collective agreement met the requirements of section 230 of the Fair Work Act 2009, including whether it provided for the minimum terms and conditions as set out in the relevant award, and whether it was consistent with any applicable enterprise agreement. Additionally, the Commission had to consider if the agreement provided for the proper classification of employees and the implementation of work practices in a manner that was fair and reasonable.

The Commission found that the agreement did not adequately address the classification of employees, particularly in relation to the application of relevant award provisions. The Commission also found that certain provisions in the agreement were inconsistent with the applicable award and could potentially lead to unfair work practices. Consequently, the Commission rejected the application for approval of the agreement, citing non-compliance with the statutory requirements and concerns about potential unfairness to employees.

As a result of the Commission's decision, the collective agreement between Ptworks (NSW) Pty Ltd and the CFMEU was not approved and did not become a registered agreement. The terms and conditions of employment for the employees covered by the agreement remained governed by the applicable award and any existing enterprise agreement.

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