DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7264)

PREMIER GRAPHICS UNIT TRUST (THE TRUSTEE FOR) T/AS PREMIER GRAPHICS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 DECEMBER 2016

Application for approval of the Premier Graphics Unit Trust (The Trustee For) T/As Premier Graphics Pty Ltd 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 Premier Graphics Unit Trust (The Trustee For) T/As Premier Graphics Pty Ltd 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 12 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval for the Premier Graphics Unit Trust (the Trustee for) T/As Premier Graphics Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was in relation to the employment of workers within the Premier Graphics Pty Ltd. The primary dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009, specifically regarding the proper form and substance of the agreement, and if it met the criteria for being a protected action bargaining agreement.

The court was required to determine if the enterprise agreement was genuinely negotiated and if it complied with the formal requirements under the Fair Work Act. It also had to consider whether the agreement was consistent with the provisions of the Act and if it included all necessary elements for approval. Furthermore, the court had to assess if the agreement adequately protected the interests of the employees and if it was a protected action bargaining agreement, which would exempt it from certain provisions of the Act.

After examining the evidence and submissions, the Fair Work Commission concluded that the Premier Graphics Unit Trust (the Trustee for) T/As Premier Graphics Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 met all the statutory requirements for approval. The court found that the agreement was genuinely negotiated and included all necessary elements, including provisions for minimum rates of pay, classification, and other employment conditions. The agreement was also deemed consistent with the provisions of the Fair Work Act and provided adequate protection for the employees. The court further found that the agreement was a protected action bargaining agreement, as it was entered into following protected action by the employees.

As a result, the Fair Work Commission approved the enterprise agreement. The Premier Graphics Unit Trust (the Trustee for) T/As Premier Graphics Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was deemed to be in compliance with the Fair Work Act, and its provisions became legally binding on the parties involved.

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