DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/10790)

PRO-TECH HOARDINGS PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 DECEMBER 2014

Application for approval of the Pro-Tech Hoardings Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Pro-Tech Hoardings Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (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). The Agreement is a single-enterprise agreement.

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

[3] The CFMEU 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 is approved and, in accordance with s.54, will operate from 25 December 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Pro-Tech Hoardings Pty Ltd, applied to the Fair Work Commission for the approval of the proposed enterprise agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The CFMEU opposed the approval of the agreement. The Fair Work Commission was the court that heard the case. The primary legal issue before the court was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine whether the agreement met the criteria for approval, including whether it provided for the proper classification of employees, reasonable terms and conditions, and a proper dispute resolution process.

The court found that the proposed agreement complied with the requirements of the Fair Work Act. The court held that the agreement provided for the proper classification of employees, reasonable terms and conditions, and a proper dispute resolution process. The court also noted that the agreement included provisions for the protection of employees' rights, including provisions for minimum wages, leave entitlements, and occupational health and safety. The court found that the agreement was in the best interests of the employees and the employer, and therefore approved the agreement.

The court made an order approving the Pro-Tech Hoardings Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The court found that the agreement was fair and reasonable, and that it met the requirements of the Fair Work Act. The court noted that the agreement provided for the proper classification of employees, reasonable terms and conditions, and a proper dispute resolution process. The court also found that the agreement was in the best interests of the employees and the employer, and that it would promote harmonious, productive and cooperative workplace relations.

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