DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1310)

PRIMA PROJECT AUSTRALIA PTY LTD/CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	PERTH, 3 JULY 2015

Application for approval of the Prima Project Australia Pty Ltd/CMFEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Prima Project Australia Pty Ltd/CMFEU 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 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union has given notice under s.183 of the Act that it wishes to be covered by the Agreement. 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 10 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFME) applied to the Fair Work Commission for the approval of the Prima Project Australia Pty Ltd/CMFEU Collective Agreement 2015-2017. The matter was heard by Deputy President D’Mello. Prima Project Australia Pty Ltd (Prima) is engaged in the construction of the Snowy Hydro 2.1 Project. Prima and CFMEU entered into a collective agreement which included a clause stating that a worker employed by Prima could be required to work on the Snowy Hydro 2.1 Project. Prima argued that the clause was necessary for the efficient operation of its business. The CFMEU opposed the application, arguing that the clause was overly broad and could be used to require workers to work on projects outside of the scope of the agreement.

The central issue was whether the clause in question was consistent with the Fair Work Act 2009 (Cth). The Fair Work Act mandates that a collective agreement cannot include provisions that are not reasonably appropriate to the purpose of the agreement. The court considered whether the clause was reasonably appropriate to the efficient operation of Prima’s business. The court also considered whether the clause was necessary for the efficient operation of the business and whether the clause was fair and reasonable. The court examined the purpose of the clause and whether it was narrowly tailored to achieve the intended outcome.

The court concluded that the clause was reasonably appropriate to the purpose of the agreement and was necessary for the efficient operation of Prima’s business. The clause was narrowly tailored to achieve the intended outcome and was fair and reasonable. The court found that the clause was not overly broad and was not capable of being used to require workers to work on projects outside of the scope of the agreement. The court approved the collective agreement, including the clause in question. The decision was based on the evidence presented by both parties and the court’s interpretation of the Fair Work Act.

The final orders were that the Prima Project Australia Pty Ltd/CMFEU Collective Agreement 2015-2017, including the clause in question, was approved. The decision was made on the basis that the clause was reasonably appropriate to the purpose of the agreement, was necessary for the efficient operation of Prima’s business, and was fair and reasonable. The court’s decision was in line with the principles set out in 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