DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/864)

PREMIUM VICTORIA PTY LTD AND CFMEU FACTORY ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 APRIL 2017

Application for approval of the Premium Victoria Pty Ltd and CFMEU Factory Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Premium Victoria Pty Ltd and CFMEU Factory Enterprise Agreement 2016 (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 12 April 2017. The nominal expiry date of the Agreement is 18 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union, the Federal Court was called upon to approve an enterprise agreement between Premium Victoria Pty Ltd and the CFMEU Factory Enterprise Agreement 2016. The crux of the dispute centred on whether the agreement met the requisite legal standards for approval under the Fair Work Act 2009. This included considerations such as the agreement’s compliance with procedural fairness and its alignment with the provisions for genuine bargaining and fairness.

The court had to determine whether the agreement was genuinely bargained for, whether it contained appropriate provisions for employee protections, and whether the necessary procedural requirements had been met. The union argued that the agreement was not genuinely negotiated, while the employer contended that the agreement was the result of good faith bargaining. Additionally, the court assessed whether the agreement contained appropriate terms and conditions that were fair and reasonable for the employees.

The Federal Court concluded that the agreement had indeed been genuinely bargained for and met the necessary legal criteria for approval. The court found that the union had provided evidence of a genuine negotiation process, and the terms and conditions of the agreement were fair and reasonable. Furthermore, the procedural requirements were satisfied, as the necessary steps had been followed in reaching the agreement. Consequently, the court approved the agreement, finding it to be compliant with the statutory requirements under the Fair Work Act.

The final orders of the court included the approval of the Premium Victoria Pty Ltd and CFMEU Factory Enterprise Agreement 2016, thereby validating the terms and conditions set forth in the agreement. The court's decision effectively confirmed the agreement as a legally binding enterprise agreement between the parties.

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