DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1617)

PTWORKS (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 13 JULY 2016

Application for approval of the PTWorks (NSW) Pty Ltd / CFMEU Collective Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the PTWorks (NSW) Pty Ltd / CFMEU Collective 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 13 July 2016 and, in accordance with s.54, will operate from 20 July 2016. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by PTWorks (NSW) Pty Ltd for the approval of a collective agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement sought to govern the employment conditions of employees within the specified period. The Fair Work Commission was the body tasked with determining whether the agreement met the necessary legal criteria for approval.

The central legal issues revolved around whether the agreement complied with the Fair Work Act 2009, specifically sections pertaining to the process and requirements for the approval of enterprise agreements. Key concerns included the adequacy of the consultation process, the fairness of the terms, and whether the agreement met the “better off overall test.” Additionally, the court had to consider whether the agreement adequately protected employees’ rights and interests.

The Commission examined the consultation process undertaken by PTWorks and the CFMEU, finding it to be thorough and inclusive. The terms of the agreement were assessed against the statutory criteria, with particular attention to whether they provided employees with a net benefit over their existing conditions. The Commission found that the agreement met the requirements for approval, as it was deemed to be fair and reasonable, and it satisfied the better off overall test. Consequently, the application for approval was granted.

The Fair Work Commission ordered the approval of the PTWorks (NSW) Pty Ltd / CFMEU Collective Agreement 2016-2018, effective from the specified period. This decision ensured that the terms of the agreement would govern the employment conditions of the employees involved, subject to the conditions and provisions outlined in the approved 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