DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7625)

PB CONSTRUCTION SERVICES PTY LTD AND THE CFMEU DEMOLITION ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 DECEMBER 2015

Application for approval of the PB Construction Services Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the PB Construction Services Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU). 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 CFMEU 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 31 December 2015. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) to have the PB Construction Services Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015 approved by the Fair Work Commission. The dispute arose from disagreements over the terms of the agreement, specifically regarding the classification of workers and the conditions under which certain tasks could be performed. The matter was brought before the Fair Work Commission to determine the validity and enforceability of the agreement.

The primary legal issues before the court were whether the enterprise agreement was made in accordance with the Fair Work Act 2009 and whether it met the criteria for approval under the Act. This included examining the bargaining process, the scope of the agreement, and whether the agreement provided for a fair and equitable resolution of the matters it covered. Additionally, the court had to consider whether the agreement was in the best interests of the employees it covered.

The court found that the enterprise agreement was valid and met the necessary criteria for approval. It was determined that the bargaining process was conducted in good faith and that the agreement itself was comprehensive and fair. The court found that the agreement provided for appropriate classifications of workers and outlined clear terms for the performance of various tasks. Given the thoroughness of the agreement and the fairness of its provisions, the court ruled in favour of the CFMEU and approved the agreement.

The court's decision was that the PB Construction Services Pty Ltd and the CFMEU Demolition Enterprise Agreement 2011-2015 was approved and enforceable. This ruling ensured that the terms of the agreement would govern the relationship between the employer and the employees as intended, providing a clear framework for the conduct of work and the resolution of disputes.

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