DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6505)

PCG CONTRACTORS UNIT TRUST (THE TRUSTEE FOR) T/AS ALTERE GROUP AUST PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 OCTOBER 2016

Application for approval of the PCG Contractors Unit Trust (The Trustee For) T/As Altere Group Aust 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 PCG Contractors Unit Trust (The Trustee For) T/As Altere Group Aust 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 1 November 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

The case involves an application for the approval of an enterprise agreement between the PCG Contractors Unit Trust, trading as Altere Group Aust Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was made to the Fair Work Commission, which is the body responsible for the approval of such agreements under Australian labour law. The union and the employer sought to finalise their terms of employment for the period from 2016 to 2018, but their negotiations had resulted in a dispute over certain provisions of the proposed agreement.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements set out in the Fair Work Act 2009, particularly in relation to the provisions that deal with the terms and conditions of employment. The Commission had to ensure that the agreement did not contain any provisions that were contrary to the public interest or that had been made in a manner that was not procedurally fair. Furthermore, the Commission considered whether the agreement provided for the proper and timely payment of wages and whether it addressed the rights and obligations of both parties in a balanced manner.

After examining the evidence and submissions from both parties, the Commission found that the proposed agreement met the necessary legal standards. The Commission determined that the agreement was procedurally fair and did not contain any provisions that were contrary to the public interest. The Commission also found that the agreement provided for the proper and timely payment of wages and that it addressed the rights and obligations of both parties in a balanced manner. Accordingly, the Commission approved the enterprise agreement, confirming that it would come into effect from the date of the decision. The approval of the agreement ensures that the terms and conditions of employment for the relevant period are legally binding and enforceable.

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