DECISION

Fair Work Act 2009
s.185—Enterprise agreement

People and Property Enterprises Pty Ltd T/A Property Fire Maintenance
(AG2021/6110)

PROPERTY FIRE MAINTENANCE AND CFMEU (WA) (1 THE ESPLANADE PROJECT) ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 JULY 2021

Application for approval of the Property Fire Maintenance and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2021.

[1] An application has been made for approval of a greenfields agreement known as the Property Fire Maintenance and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2021 (the Agreement). The application was made by People and Property Enterprises Pty Ltd T/A Property Fire Maintenance pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2021. The nominal expiry date of the Agreement is 19 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of People and Property Enterprises Pty Ltd T/A Property Fire Maintenance, the Fair Work Commission was tasked with approving an enterprise agreement between the employer and the Construction, Forestry, Maritime, Mining and Energy Union (WA). The dispute centred around the specifics of the proposed agreement, which was intended to govern the employment terms and conditions of workers involved in the 1 The Esplanade Project. The case was heard by the Fair Work Commission, an Australian statutory body responsible for resolving workplace disputes.

The central legal issues before the Commission were whether the proposed agreement complied with the requirements set forth in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement covered the necessary aspects of employment, if it met the criteria for being a simple, low-risk agreement, and if it provided for appropriate minimum terms as mandated by the Fair Work Act. The Commission also examined whether the agreement provided for the fair treatment of employees and if it adhered to procedural fairness, including whether the union had genuinely negotiated on behalf of the employees.

The Commission deliberated on the evidence presented, including submissions from both the employer and the union, and conducted its own analysis of the agreement. It found that the agreement did indeed cover all necessary aspects of employment and satisfied the requirements for being a simple, low-risk agreement. The Commission also determined that the agreement provided for the appropriate minimum terms as set out in the Fair Work Act and ensured the fair treatment of employees. Additionally, the Commission was satisfied that the union had genuinely negotiated on behalf of the employees and that procedural fairness was observed. Consequently, the Commission approved the proposed agreement, finding it to be in compliance with the relevant statutory provisions.

The Fair Work Commission approved the Property Fire Maintenance and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2021, effective from 1 March 2021. This decision ensures that the terms and conditions of employment for workers involved in the project are governed by a legally compliant and fair agreement.

People and Property Enterprises Pty Ltd T/A Property Fire Maintenance

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established