DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2531)

PSA AUSTRALIA PTY LTD T/AS PSA AUSTRALIA AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 11 JULY 2017

Application for approval of the PSA Australia Pty Ltd T/As PSA Australia and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the PSA Australia Pty Ltd T/As PSA Australia and the CFMEU (Victorian Construction and General Division) 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 18 July 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was made by the Construction, Forestry, Mining and Energy Union (CFMEU) and PSA Australia Pty Ltd (PSA) for the approval of their Enterprise Agreement 2016-2018. The dispute arose as both parties sought the Fair Work Commission's approval of the agreement. The Commission was the court in this matter.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including compliance with the "better off overall test" and ensuring that the agreement was free from any unlawful provisions. Additionally, the Commission had to consider if the agreement provided appropriate protections for employees and met the standards of procedural fairness.

In its decision, the Commission examined the submissions from both parties and considered the content of the agreement. The Commission found that the agreement met the statutory requirements for approval. It satisfied the "better off overall test" as the majority of employees would be better off under the agreement. The agreement also included appropriate protections for employees and did not contain any unlawful provisions. The Commission concluded that the agreement met the standards of procedural fairness and approved the Enterprise Agreement 2016-2018.

The Fair Work Commission approved the Enterprise Agreement 2016-2018 between the CFMEU and PSA Australia Pty Ltd. This decision was based on the agreement meeting the statutory requirements for approval, including the "better off overall test" and ensuring that the agreement was free from any unlawful provisions. The Commission also found that the agreement provided appropriate protections for employees and met the standards of procedural fairness.

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