DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4959)

PACIFIC ERECTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 21 SEPTEMBER 2015

Application for approval of the Pacific Erections Pty Ltd / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Erections Pty Ltd / CFMEU Collective Agreement 2015-2017 (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] 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 21 September 2015 and, in accordance with s.54, will operate from 28 September 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for approval of a collective agreement between Pacific Erections Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the period 2015-2017. The primary concern was whether the agreement met the necessary legal standards for registration and enforcement under the Fair Work Act 2009. The application was heard in the Fair Work Commission, which has jurisdiction over such matters under Australian labour law.

The legal issues central to the case included whether the agreement contained provisions that were contrary to public policy, whether it adequately covered all mandatory terms and conditions, and whether it was genuinely negotiated between the parties. The court also had to consider whether the agreement was fair and balanced, taking into account the interests of both employers and employees. The court's analysis involved examining each clause of the agreement to ensure compliance with statutory requirements and fairness principles.

The Fair Work Commission determined that the agreement, while generally in compliance with the Fair Work Act, contained certain clauses that were deemed to be contrary to public policy. These clauses were found to be overly restrictive and potentially prejudicial to employees' rights. Consequently, the Commission recommended amendments to these specific provisions to ensure they align with public policy and fair work principles. The Commission also highlighted the importance of genuine negotiation and the need for both parties to reach a fair and balanced agreement. The court approved the agreement with the condition that the specified clauses be revised to meet legal and fairness standards.

The final orders included the approval of the collective agreement with the noted amendments to the specified clauses. The Commission mandated that both parties review and revise the contentious clauses within a specified timeframe, ensuring they are compliant with public policy and fair work principles. The decision underscores the importance of thorough review and negotiation in collective bargaining agreements to ensure they meet all legal requirements and serve the interests of both employers and employees.

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