DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5663)

PAULS PRIME ENGINEERING PTY LTD T/AS PAULS PRIME ENGINEERING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 1 DECEMBER 2017

Application for approval of the Pauls Prime Engineering Pty Ltd T/As Pauls Prime Engineering and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016 -2018.

[1] An application has been made for approval of an enterprise agreement known as the Pauls Prime Engineering Pty Ltd T/As Pauls Prime Engineering and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector 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 8 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 Fair Work Commission involved an application for the approval of an enterprise agreement between Pauls Prime Engineering Pty Ltd, trading as Pauls Prime Engineering, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The union sought approval of the Rigger/Steel Erector Enterprise Agreement 2016-2018. The dispute centred around whether the agreement complied with the Fair Work Act 2009 and whether it was appropriately negotiated.

The court was required to consider various legal issues, including whether the agreement met the criteria for being a "single enterprise agreement" under the Act, whether it had been negotiated in "good faith", and if the agreement provided for fair and reasonable terms and conditions. It also needed to assess whether the agreement adhered to the "better off overall test" which requires that the employees under the agreement should not be worse off financially than they would have been under the applicable award or registered agreement.

The Fair Work Commission found that the agreement was a single enterprise agreement, had been negotiated in good faith, and met the requirements of the better off overall test. The court was satisfied that the agreement provided for fair and reasonable terms and conditions, and was in line with the provisions of the Act. Consequently, the Commission approved the enterprise agreement.

In summary, the Fair Work Commission approved the Rigger/Steel Erector Enterprise Agreement 2016-2018 between Pauls Prime Engineering Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) as it complied with the Fair Work Act 2009 and met the necessary criteria for approval.

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