DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/144)

PROJECT PARTNER SERVICES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 FEBRUARY 2016

Application for approval of the Project Partner Services Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise Agreement known as the Project Partner Services Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 9 February 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved an application for approval of the Project Partner Services Pty Ltd and Construction, Forestry, Mining and Energy Union (CFMEU) Union Collective Agreement 2014 - 2018. The applicant, Project Partner Services Pty Ltd, sought approval of the collective agreement under the Fair Work Act 2009. The CFMEU opposed the application on various grounds, including that the agreement did not meet the requirements of the Act, and that it contained provisions that were not fair and reasonable.

The court was required to determine whether the collective agreement met the legal criteria for approval, including whether it was a genuine agreement, whether it contained only matters that are bargainable, and whether it was fair and reasonable. The court also needed to consider the parties' submissions and evidence, and whether the agreement provided for the proper operation of the enterprise and its employees.

The court found that the collective agreement met the legal criteria for approval. It held that the agreement was a genuine agreement, contained only bargainable matters, and was fair and reasonable. The court rejected the CFMEU's arguments that the agreement was not genuine or that it contained unfair and unreasonable provisions. The court found that the agreement provided for the proper operation of the enterprise and its employees, and that it was in the best interests of the employees. The court approved the collective agreement, and the applicant's application was successful.

The court ordered that the Project Partner Services Pty Ltd and CFMEU Union Collective Agreement 2014 - 2018 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered on the Register of Approved Agreements, and would be in effect from the date of registration until 31 December 2018, or until it was varied or terminated in accordance with the Act.

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