DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union; Pacific Industries (Aust) Pty Ltd
(AG2016/6182)

PACIFIC INDUSTRIES (AUST) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 OCTOBER 2016

Application for approval of the Pacific Industries (Aust) Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Industries (Aust) 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 (105N) & Pacific Industries (Aust) Pty Ltd. 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 17 October 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Collective Agreement between the Construction, Forestry, Mining and Energy Union and Pacific Industries (Aust) Pty Ltd for the period 2015-2019. The dispute centred on whether the terms of the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the application was made under section 234 of the Act, which requires the Commission to approve a collective agreement if it is satisfied that it meets the provisions of the Act.

The key legal issues that the Commission had to resolve were whether the terms of the agreement provided for minimum wages and conditions that were not less favourable than those provided for by the relevant industrial instrument or, in the absence of such an instrument, by the National Employment Standards or the General Protection Provisions. The Commission also had to consider whether the agreement provided for the resolution of certain disputes through the mechanisms specified in the Act. The Commission was required to examine the terms of the agreement to determine if they were consistent with the objectives of the Act and whether they provided for a fair and equitable resolution of workplace issues.

The Commission found that the terms of the agreement were consistent with the requirements of the Act. The agreement provided for minimum wages and conditions that were not less favourable than those provided by the relevant industrial instrument or the National Employment Standards. The Commission also found that the agreement provided for the resolution of certain disputes through the mechanisms specified in the Act. The Commission concluded that the agreement was consistent with the objectives of the Act and provided for a fair and equitable resolution of workplace issues.

Accordingly, the Commission approved the application for the approval of the agreement. The approval was subject to certain conditions, including the requirement that the agreement be made available to employees and that the parties to the agreement take all reasonable steps to ensure that the terms of the agreement are complied with. The Commission also noted that the agreement was to be reviewed in two years’ time, to ensure that it continued to meet the requirements of the Act.

Construction, Forestry, Mining and Energy Union; Pacific Industries (Aust) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established