DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PRC Hire Pty Ltd
(AG2021/236)

PRC HIRE PTY LTD AND CFMEU (WA) (1 THE ESPLANADE PROJECT) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 FEBRUARY 2021

Application for approval of the PRC Hire Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the PRC Hire Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020 (the Agreement). The application was made by PRC Hire Pty Ltd 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 observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 41.6(a)(i) – Personal Leave Accrual

However, noting clause 6.3(a) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the 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 25 February 2021. The nominal expiry date of the Agreement is 17 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

PRC Hire Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The dispute was between PRC Hire Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (WA). The Fair Work Commission, led by Commissioner Dowsett, presided over the matter. The primary issue for the Commission was whether the proposed agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009. This included assessing whether the agreement had been made in good faith, whether it included the essential protections, and if it was properly certified.

The Commission examined the evidence and submissions from both parties to determine if the agreement met the statutory criteria. The application for approval was contested by the union, which argued that the agreement did not adequately protect workers' rights. The Commission considered the content of the agreement, the process by which it was negotiated, and the context of the industry and the parties' bargaining positions. After thorough consideration, the Commission concluded that the agreement was made in good faith and included the necessary protections.

The Fair Work Commission approved the application for the enterprise agreement. The Commission found that the agreement was consistent with the statutory requirements and provided an appropriate balance of rights and obligations for both parties. The decision was based on a detailed analysis of the agreement's provisions, the negotiation process, and the specific circumstances of the industry. The approval of the enterprise agreement was finalised by the Commission, ensuring that it would be binding on the parties involved.

PRC Hire 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