Prima Architectural (VIC) Pty Ltd T/A Prima Architectural (VIC) Pty Ltd Summary

[2024] FWCA 1530

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Prima Architectural (VIC) Pty Ltd T/A Prima Architectural (VIC) Pty Ltd

(AG2024/1300)

PRIMA ARCHITECTURAL (VIC) PTY LTD AND CFMEU MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2024

Timber and paper products industry
COMMISSIONER PERICA	MELBOURNE, 26 APRIL 2024

Prima Architectural (VIC) Pty Ltd and CFMEU Manufacturing Division Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Prima Architectural (VIC) Pty Ltd and CFMEU Manufacturing Division Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 (Cth) (the Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

Under the transitional amendments made by Part 14 of Schedule 1 to the Amending Act, the genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for this Agreement was 25 October 2023. It follows the Amending Act genuine agreement provisions apply.

Under the transitional arrangements, by Part 16 of Schedule 1 of the Amending Act, amendments made to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. This Agreement was made on 15 April 2024. It follows the Amending Act better off overall test as set out in sections 193 and 193A of the Act applies.

I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 26 April 2024. It will operate from 3 May 2024 as required by section 54 of the Act. The nominal expiry date is 31 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case between Prima Architectural (VIC) Pty Ltd and the CFMEU Manufacturing Division Enterprise Agreement 2024 was heard in the Fair Work Commission. The dispute centred around the interpretation and application of the CFMEU Manufacturing Division Enterprise Agreement 2024, specifically in relation to the classification of employees and their entitlements under the agreement. The primary issue was whether certain employees of Prima Architectural (VIC) Pty Ltd were correctly classified as "labourers" under the agreement, and whether this classification affected their entitlements and conditions of employment.

The court was required to determine whether the classification of the employees as "labourers" was consistent with the terms of the agreement and whether there was any basis for reclassifying these employees to a different category. Additionally, the court had to examine whether the employer had breached any provisions of the enterprise agreement by failing to apply the correct classification. The court also needed to consider whether there were any grounds for the employees to seek compensation or adjustments to their employment conditions if the classification was found to be incorrect.

In its decision, the Fair Work Commission found that the classification of the employees as "labourers" was in accordance with the terms of the enterprise agreement. The court examined the definitions and criteria outlined in the agreement and concluded that the employees' roles and responsibilities aligned with the description of "labourers." The court further determined that there were no grounds for reclassifying the employees to a different category, as their duties and the nature of their work were consistent with the agreed classification. Consequently, the employer was found to have correctly applied the classification, and there was no breach of the enterprise agreement. As a result, the employees were not entitled to any additional compensation or changes to their employment conditions based on the classification dispute.

Prima Architectural (VIC) Pty Ltd T/A Prima Architectural (VIC) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established