DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/5355)

PREMIER LABOUR SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 28 NOVEMBER 2017

Application for approval of the Premier Labour Services Pty Ltd / CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Premier Labour Services Pty Ltd / CFMEU Collective Agreement 2017-2018 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 28 November 2017 and, in accordance with s.54, will operate from 5 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) filed an application for approval of the Premier Labour Services Pty Ltd and CFMEU Collective Agreement 2017-2018. This application was made pursuant to section 234 of the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for approval under the Act, specifically concerning the process through which the agreement was made and its compliance with the good faith bargaining provisions.

The primary legal issue before the Commission was whether the agreement was made in accordance with the procedural and substantive requirements set out in the Fair Work Act. The CFMEU argued that the agreement was the result of genuine and meaningful negotiations, whereas Premier Labour Services contested the process and the content of the agreement. The Commission had to determine if the bargaining process adhered to the good faith requirements and if the terms of the agreement were fair and reasonable.

The Commission examined the evidence and submissions from both parties to assess the nature of the bargaining process. It found that while there were procedural shortcomings in the negotiation process, the substantive terms of the agreement were fair and reasonable. The Commission concluded that the agreement, despite the procedural flaws, met the requirements for approval as it was made in good faith and the terms were fair and reasonable. Consequently, the application for approval was granted.

The final orders included the approval of the Premier Labour Services Pty Ltd and CFMEU Collective Agreement 2017-2018, with the condition that both parties adhere to the good faith bargaining requirements in future negotiations. The Commission emphasised the importance of adhering to the prescribed process to ensure the integrity of the bargaining process under the 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