DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3274)

PRIMA ARCHITECTURAL (VIC) PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2015

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 20 JULY 2015

Application for approval of the Prima Architectural (VIC) Pty Ltd and CFMEU Enterprise Agreement 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the Prima Architectural (VIC) Pty Ltd and CFMEU 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 (CFMEU).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The CFMEU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act 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 27 July 2015. The nominal expiry date of the Agreement is 31 March 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Prima Architectural (VIC) Pty Ltd and CFMEU Enterprise Agreement 2015. The parties involved were the employer, Prima Architectural (VIC) Pty Ltd, and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on the terms of the enterprise agreement and whether it should be approved by the Commission. The Fair Work Commission was responsible for examining the agreement and determining whether it complied with the necessary legal and procedural requirements.

The legal issues that the Commission had to address included whether the agreement had been made in accordance with the requirements of the Fair Work Act 2009, including the provisions relating to genuine bargaining, and whether the agreement met the criteria for approval. The Commission also had to consider whether the agreement contained terms and conditions that were fair and reasonable, and whether it was likely to have a detrimental effect on the broader industrial relations system. Additionally, the Commission needed to ensure that the agreement did not undermine the protections provided by the National Employment Standards.

In reaching its decision, the Commission examined the evidence and submissions provided by both parties. It found that the agreement had been made through genuine bargaining, and that the terms and conditions were fair and reasonable. The Commission concluded that the agreement did not have an adverse effect on the broader industrial relations system and did not undermine the protections provided by the National Employment Standards. Consequently, the Commission approved the Prima Architectural (VIC) Pty Ltd and CFMEU Enterprise Agreement 2015, subject to certain minor modifications to ensure compliance with the Fair Work Act. This decision was made in the interest of maintaining a fair and balanced industrial relations system.

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