DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union T/A CFMEU
(AG2017/5109)

PURE CONTRACTING PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2017-2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 16 NOVEMBER 2017

Application for approval of the Pure Contracting Pty Ltd/CFMEU Collective Agreement 2017-2018.

[1] An application has been made for approval of an enterprise agreement known as the Pure Contracting Pty Ltd/CFMEU Collective Agreement 2017-2018 (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 T/A CFMEU. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 16 November 2017 and, in accordance with s.54, will operate from 23 November 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union, trading as CFMEU, applied to the Fair Work Commission for the approval of the Pure Contracting Pty Ltd/CFMEU Collective Agreement 2017-2018. The primary dispute revolved around the terms of the collective agreement between Pure Contracting Pty Ltd and the CFMEU, focusing on whether the agreement met the necessary standards and criteria for approval under Australian labour laws.

The legal issues before the court included whether the collective agreement complied with the Fair Work Act 2009, particularly concerning its adherence to the "better off overall test" (BOOT). This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions. The court also needed to determine whether the agreement provided for adequate minimum rates of pay, conditions, and entitlements, and if it appropriately balanced the rights and obligations of both parties.

The Fair Work Commission examined the submissions and evidence provided by both the CFMEU and Pure Contracting Pty Ltd. It found that the agreement satisfied the BOOT, as it provided for conditions that were at least as favourable as those previously in place. The Commission also confirmed that the agreement established adequate minimum rates of pay and conditions, and that it appropriately balanced the rights and obligations of both parties. Consequently, the Commission approved the collective agreement.

The Fair Work Commission's final orders included the approval of the Pure Contracting Pty Ltd/CFMEU Collective Agreement 2017-2018, effective from the date of the decision. The agreement was deemed to meet the statutory requirements and was thus endorsed for implementation.

Construction, Forestry, Mining and Energy Union T/A CFMEU

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established