DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6045)

PFS FIRE CODE PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 NOVEMBER 2015

Application for approval of the PFS Fire Code Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise Agreement known as the PFS Fire Code Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (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 17 November 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, PFS Fire Code Pty Ltd sought approval for a collective agreement with the Construction, Forestry, Mining and Energy Union. The dispute arose as the Union sought to enforce the agreement, leading to litigation in the Fair Work Commission. The Commission was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009.

The central legal issue before the Commission was whether the collective agreement complied with the statutory requirements for approval under the Fair Work Act. This involved assessing the agreement's alignment with the objectives of the Act, particularly concerning the protection of employees' rights and interests. The Commission also needed to ensure that the agreement did not unfairly disadvantage any party and provided for a fair process for resolving disputes.

The Commission found that the collective agreement was in substantial compliance with the requirements of the Fair Work Act. The agreement was deemed to promote harmonious, productive, and cooperative workplace relations, while also ensuring that employees' rights and interests were protected. The process for resolving disputes was considered fair and equitable. Consequently, the Commission approved the collective agreement. The Union was authorised to enforce the agreement against PFS Fire Code Pty Ltd, and the agreement was registered with the Fair Work Commission.

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