DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/760)

PRESTON HIRE (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 16 MARCH 2017

Application for approval of the Preston Hire (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Preston Hire (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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 23 March 2017. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for the approval of a collective agreement between Preston Hire (QLD) Pty Ltd and the Construction, Forestry, Mining and Energy Union. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, which the applicant union sought to have certified as binding. The court was required to determine whether the agreement met the criteria for approval as stipulated under the relevant industrial legislation.

The legal issues that arose in this case primarily revolved around whether the proposed collective agreement adhered to the requirements set forth in the Fair Work Act 2009. Specifically, the court had to ascertain if the agreement was fairly and properly negotiated, whether it complied with the procedural requirements, and if it contained terms that were in the best interest of the employees. Additionally, the court needed to verify that the agreement did not contravene any provisions of the Act, such as those concerning unfair dismissal or workplace rights.

In rendering its decision, the court meticulously reviewed the negotiation process and the content of the agreement. It was satisfied that the agreement had been fairly negotiated and met the statutory requirements for procedural fairness. The court also found that the terms of the agreement were in the best interests of the employees and did not contain any provisions that would be detrimental to them or in breach of the law. Consequently, the court approved the collective agreement, confirming its validity and enforceability.

The final orders of the court mandated that the Preston Hire (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015-2019 be approved and recognised as a registered agreement under the Fair Work Act 2009. This decision ensured that the terms and conditions set forth in the agreement would be binding on both parties and enforceable in accordance with the provisions of 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