DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5908)

PREMIUM PRECAST PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PRECAST PANEL ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 DECEMBER 2017

Application for approval of the Premium Precast Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the Premium Precast Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016 -2018 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 19 December 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application by Premium Precast Pty Ltd for approval of an enterprise agreement between itself and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The case was heard by the Fair Work Commission, which has jurisdiction over such applications under the Fair Work Act 2009. The central issue before the Commission was whether the agreement met the statutory criteria for approval, including whether it provided for terms and conditions that were clear, fair and consistent with the principles of the national workplace relations system.

The Commission considered whether the agreement adequately addressed the key terms of employment, such as wages, hours of work, and other conditions of employment. It examined the process by which the agreement was negotiated and whether it involved genuine bargaining. Additionally, the Commission assessed whether the agreement complied with the relevant provisions of the Act, particularly those relating to the avoidance of multi-employer bargaining and ensuring that the agreement was not detrimental to the employees. The Commission also took into account submissions from the parties and any relevant evidence provided.

Upon review, the Commission found that the agreement satisfied the statutory criteria for approval. It determined that the agreement had been negotiated in good faith, was clear and accessible, and provided for terms and conditions that were fair and consistent with the national workplace relations system. The Commission also noted that the agreement did not lead to a detriment for the employees and was not inconsistent with any relevant industrial instruments. Based on these findings, the Commission approved the enterprise agreement.

Consequently, the Fair Work Commission granted the application for approval of the Premium Precast Pty Ltd and the CFMEU (Victorian Construction and General Division) Precast Panel Enterprise Agreement 2016-2018. The agreement was deemed to be in compliance with the requirements of the Fair Work Act 2009 and was approved for operation during the specified period. This decision provided certainty to both the employer and the employees regarding the terms and conditions of their employment under the agreement.

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