DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6615)

PWGG (VIC) PTY LTD ATF PWGG (VIC) TRUST AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 JANUARY 2018

Application for approval of the PWGG (Vic) Pty Ltd ATF PWGG (VIC) Trust and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the PWGG (Vic) Pty Ltd ATF PWGG (VIC) Trust and CFMEU Enterprise Agreement 2016 (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 24 January 2018. 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 this matter, PWGG (Vic) Pty Ltd ATF PWGG (VIC) Trust, represented by the Construction, Forestry, Mining and Energy Union (CFMEU), applied to the Fair Work Commission for approval of the Enterprise Agreement 2016. The application was contested by various parties, including a number of individual employees who argued that the agreement did not adequately represent their interests. The dispute came before the Fair Work Commission, an Australian tribunal responsible for resolving workplace disputes.

The primary legal issues before the Court were whether the Enterprise Agreement 2016 complied with the requirements of the Fair Work Act 2009, and if it appropriately addressed the terms and conditions of employment for the employees involved. Key considerations included whether the agreement had been made in good faith, if it included essential safeguards for employees, and if it adhered to the provisions of the Fair Work Act. The Court also had to determine if the agreement was fair and whether it provided for the resolution of disputes in an efficient and effective manner.

The Court found that the Enterprise Agreement 2016 was largely compliant with the Fair Work Act, and that it met the necessary criteria for approval. The agreement was made in good faith and included appropriate safeguards for the employees. The Court noted that the agreement was comprehensive, covering a wide range of employment terms and conditions. The Court also considered the process by which the agreement was negotiated and concluded that it was fair and provided for effective dispute resolution mechanisms. Consequently, the Court approved the Enterprise Agreement 2016, allowing it to come into effect as a legally binding agreement between the employer and the employees.

The Fair Work Commission approved the PWGG (Vic) Pty Ltd ATF PWGG (VIC) Trust and CFMEU Enterprise Agreement 2016, subject to certain conditions. These conditions included the establishment of a dispute resolution process to address any future concerns that may arise in relation to the agreement. The Court's decision affirmed the importance of ensuring that enterprise agreements meet the necessary legal standards, while also balancing the interests of both employers and employees.

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