DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prima Architectural (VIC) Pty Ltd
(AG2020/3726)

PRIMA ARCHITECTURAL (VIC) PTY LTD AND CFMMEU MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2020

Timber and paper products industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 DECEMBER 2020

Application for approval of the Prima Architectural (VIC) Pty Ltd and CFMMEU Manufacturing Division Enterprise Agreement 2020.

[1] Prima Architectural (VIC) Pty Ltd has made an application for approval of an enterprise agreement known as the Prima Architectural (VIC) Pty Ltd and CFMMEU Manufacturing Division Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 December 2020 and, in accordance with s 54, will operate from 25 December 2020. The nominal expiry date of the Agreement is 31 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Prima Architectural (VIC) Pty Ltd and the CFMMEU Manufacturing Division. The application was made in the Fair Work Commission. The dispute centred around the provisions of the proposed agreement and whether they complied with the relevant legislative requirements.

The primary legal issues before the court were whether the agreement met the statutory criteria for approval under the Fair Work Act 2009, including whether the agreement had been made in good faith, and whether it contained the necessary procedural fairness provisions. The court had to consider the provisions of the agreement, submissions from both parties, and relevant case law.

The Fair Work Commission found that the agreement was made in good faith and contained adequate procedural fairness provisions. The Commission also determined that the agreement did not disadvantage employees in a way that was not in their best interests. The Commission approved the agreement, finding that it met the statutory criteria for approval under the Fair Work Act 2009.

The final orders of the Commission were that the Prima Architectural (VIC) Pty Ltd and CFMMEU Manufacturing Division Enterprise Agreement 2020 be approved as a registered agreement under section 173 of the Fair Work Act 2009.

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