DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union-Queensland Branch
(AG2018/5884)

PRESTIGE PORCELAIN PTY LTD AND CFMEU COLLECTIVE AGREEMENT 2018-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JANUARY 2019

Application for approval of the Prestige Porcelain Pty Ltd and CFMEU Union Collective Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Prestige Porcelain Pty Ltd and CFMEU Union Collective Agreement 2018 - 2022 (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-Queensland Branch. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2019. The nominal expiry date of the Agreement is 2 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union-Queensland Branch sought approval for a collective agreement with Prestige Porcelain Pty Ltd, covering the period from 2018 to 2022. The dispute was heard in the Fair Work Commission. The legal issues before the Commission involved whether the agreement met the requirements of the Fair Work Act 2009 and whether it was fair and reasonable in all its terms.

The Commission examined the collective agreement to determine if it contained all the necessary elements required by the Fair Work Act, such as provisions regarding minimum rates of pay, leave entitlements, and other employment conditions. It also had to assess if the agreement provided for fair and reasonable terms and conditions of employment, taking into account the principles of good faith bargaining and the overall balance of the agreement. The Commission considered submissions from both parties and relevant precedents to reach its decision.

After reviewing the agreement and the submissions from both parties, the Commission found that the collective agreement was fair and reasonable in all its terms and met the requirements of the Fair Work Act. The agreement contained all necessary provisions and balanced the interests of both employers and employees. Therefore, the Commission approved the collective agreement, allowing it to be registered and enforced as a binding contract between Prestige Porcelain Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union-Queensland Branch.

Construction, Forestry, Maritime, Mining and Energy Union-Queensland Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established