Prima Architectural (Vic) Pty Ltd

[2017] FWCA 6719

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Prima Architectural (Vic) Pty Ltd

(AG2017/5964)

Prima Architectural (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 14 DECEMBER 2017

Application for approval of the Prima Architectural (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

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) Enterprise Agreement 2016 -2018 (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.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Prima Architectural (Vic) Pty Ltd, an architectural design and drafting firm, and the CFMEU (Victorian Construction and General Division), a trade union representing workers in the construction industry. The dispute centred around the approval of the Enterprise Agreement between the two parties for the period 2016-2018. The Fair Work Commission, the Australian workplace relations tribunal, was the court that heard the matter.

The central legal issue was whether the Enterprise Agreement met the requirements of the Fair Work Act 2009, particularly sections that deal with the disclosure of information, procedural fairness, and the terms and conditions of employment. The Commission had to determine if the agreement was made in good faith, whether the terms and conditions were fair, and if the process leading to the agreement was procedurally fair.

The Commission found that the agreement did meet the necessary requirements. The parties had engaged in good faith negotiations, and the terms and conditions of employment were fair. The process leading to the agreement was also deemed procedurally fair. The Commission noted that the parties had taken significant steps to ensure that all relevant information was disclosed and that employees had an opportunity to provide input. The decision to approve the agreement was based on the evidence presented, which demonstrated that the agreement was fair and met the legal standards set out in the Fair Work Act.

As a result of the Commission's decision, the Enterprise Agreement between Prima Architectural (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2016-2018 was approved. This decision provides clarity and certainty for both the employer and the employees, ensuring that the terms and conditions of employment are fair and meet the legal requirements set out in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established