DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prima Architectural (VIC) Pty Ltd
(AG2021/6374)

PRIMA ARCHITECTURAL (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 4 AUGUST 2021

Application for approval of the PRIMA ARCHITECTURAL (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the PRIMA ARCHITECTURAL (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Prima Architectural (VIC) 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were PRIMA Architectural (VIC) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The matter was brought before the Fair Work Commission, specifically the Full Bench, where the applicants sought approval for the enterprise agreement. The applicants aimed to establish the terms and conditions of employment for workers within the carpentry and joinery sectors, operating under the PRIMA Architectural brand in Victoria.

The legal issues that the court had to address involved the compliance of the enterprise agreement with the relevant legislative frameworks. The primary concern was whether the agreement met the necessary standards for fair and effective industrial relations as outlined in the Fair Work Act 2009. The court had to examine various aspects of the agreement, including its coverage, the process through which it was negotiated, and its alignment with the principles of good faith bargaining and procedural fairness.

In its judgment, the Full Bench of the Fair Work Commission determined that the enterprise agreement was compliant with the legislative requirements. The court found that the agreement had been negotiated in good faith, and it satisfied the procedural fairness criteria. Additionally, the terms of the agreement were deemed fair and reasonable, providing adequate protection for the rights and interests of both employers and employees. Consequently, the Full Bench approved the enterprise agreement, allowing it to come into effect as per the specified timeframe.

The final orders of the court were that the PRIMA Architectural (VIC) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 was approved, and it was registered with the Fair Work Commission. The agreement was to take effect from the date of the decision, ensuring that the terms and conditions outlined within would govern the employment relationships within the specified scope.

Prima Architectural (VIC) 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