DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5551)

PRI PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 SEPTEMBER 2016

Application for approval of the PRI Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the PRI Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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, 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, 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 19 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the PRI Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, the Fair Work Commission was required to determine whether the agreement met the necessary standards under the Fair Work Act 2009. The application was brought by PRI Pty Ltd, a construction company, and the Construction, Forestry, Mining and Energy Union (CFMEU), representing workers in the construction industry. The dispute centred on whether the proposed enterprise agreement, which aimed to regulate the terms and conditions of employment for workers employed by PRI, complied with the provisions of the Fair Work Act.

The key legal issues that the Commission had to resolve were whether the agreement provided for fair and reasonable terms and conditions, and if it met the "better off overall test" as required by section 235 of the Fair Work Act. The Commission also needed to consider if the agreement complied with the "no disadvantage test" stipulated in section 230 of the Act, ensuring that the terms and conditions of employment were not less favourable than the relevant award or safety net award.

The Fair Work Commission determined that the proposed agreement met the necessary standards under the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it met the "better off overall test" as it provided employees with improved pay rates, entitlements, and other benefits. The Commission also concluded that the agreement complied with the "no disadvantage test," as it did not result in employees being less favourably treated than under the relevant award or safety net award. The Commission approved the agreement, finding that it met the necessary standards and requirements under the Fair Work Act.

The Commission's decision was that the PRI Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was approved and registered under the Fair Work Act 2009. This decision ensured that the proposed agreement would govern the terms and conditions of employment for workers employed by PRI for the duration of the agreement.

Construction, Forestry, 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