DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5134)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 26 AUGUST 2016

Application for approval of the PMC Enterprises (Aust) 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 PMC Enterprises (Aust) 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 2 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

The matter before the court was an application for the approval of an enterprise agreement between PMC Enterprises (Aust) Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement was submitted to the Fair Work Commission, which subsequently referred the matter to the Federal Court for approval. The parties involved in the dispute were PMC Enterprises (Aust) Pty Ltd, represented by its legal counsel, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division), represented by its legal counsel. The nature of the dispute centred around the provisions of the proposed enterprise agreement and whether it met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the court was to determine if the enterprise agreement was in compliance with the provisions of the Fair Work Act 2009. This included examining whether the agreement was genuinely negotiated, covered a specified group of employees, and did not include any provisions that were contrary to public policy or otherwise unlawful. The court was required to consider the provisions of the agreement, the process of negotiation, and whether the agreement would promote harmonious, productive, and cooperative workplace relations.

In delivering its judgment, the court considered the evidence presented by both parties and analysed the provisions of the agreement in question. The court found that the agreement was genuinely negotiated between the parties and that it covered a specified group of employees. The court also determined that the agreement did not include any provisions that were contrary to public policy or otherwise unlawful. As a result, the court approved the enterprise agreement, finding it to be in compliance with the requirements of the Fair Work Act 2009. The court's decision was based on the evidence presented and the legal framework governing enterprise agreements in Australia.

The final orders of the court were to approve the PMC Enterprises (Aust) Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018, subject to the terms and conditions set out in the agreement. The court's approval of the enterprise agreement ensures that the rights and obligations of the parties are legally recognised and enforceable under Australian law.

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