DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6769)

PINCIC PTY LTD T/AS PINCIC ACCESS FLOORS (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 NOVEMBER 2015

Application for approval of the PINCIC PTY LTD T/As PINCIC ACCESS FLOORS (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the PINCIC PTY LTD T/As PINCIC ACCESS FLOORS (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 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. 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] 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 was approved on 26 November 15 and, in accordance with s.54, will operate from 3 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

In this matter, the Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the agreement reached between the union and PINCIC PTY LTD trading as PINCIC Access Floors. The dispute revolves around the terms and conditions of the CFMEU Building and Construction Industry Enterprise Agreement 2015, which was to be applied to the employees of the company. The Fair Work Commission was tasked with assessing the application and determining whether the agreement met the criteria set out in the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was a protected action ballot agreement and whether it complied with the relevant sections of the Fair Work Act. Specifically, the Commission had to consider if the agreement had been subject to a protected industrial action ballot and if it met the threshold for protected action as outlined in section 235 of the Act. Additionally, the Commission had to assess if the agreement contained the necessary provisions required by section 233 of the Act, including terms regarding minimum wages and conditions.

The Fair Work Commission found that the agreement was indeed a protected action ballot agreement, having been subject to a ballot in accordance with section 235 of the Fair Work Act. The Commission also determined that the agreement met all the statutory requirements of section 233, including the inclusion of minimum wage rates and other essential conditions. The Commission concluded that the agreement was fair and reasonable and approved the application for registration.

Consequently, the Fair Work Commission registered the CFMEU Building and Construction Industry Enterprise Agreement 2015, effective from the date of the application. This registration ensures that the terms of the agreement will govern the employment conditions of the employees of PINCIC Access Floors, and it will remain in effect until it is replaced or terminated in accordance with the Fair Work 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