Prima Architectural (VIC) Pty Ltd Summary

[2023] FWCA 30

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Prima Architectural (VIC) Pty Ltd

(AG2022/5346)

PRIMA ARCHITECTURAL (VIC) PTY LTD AND CFMMEU MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2023

Timber and paper products industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 4 JANUARY 2023

Application for approval of the Prima Architectural (VIC) Pty Ltd and CFMMEU Manufacturing Division Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Primal Architectural (VIC) Pty Ltd and CFMMEU Manufacturing Division Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Primal Architectural (VIC) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

I observe that the following provisions may in certain circumstances be inconsistent with the National Employment Standards (NES):

· Clause 28 – Maximum Weekly Ordinary Hours

· Clause 32.1(e) – Application of maximum number of single day annual leave absences in a 12-month period.

However, noting clause 6.6 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.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Prima Architectural (VIC) Pty Ltd for the approval of the Prima Architectural (VIC) Pty Ltd and CFMMEU Manufacturing Division Enterprise Agreement 2023. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The parties involved were the employer, Prima Architectural (VIC) Pty Ltd, and the CFMMEU Manufacturing Division, which represented the employees. The Commission was tasked with assessing if the agreement was a "single enterprise agreement" and if it complied with the procedural and substantive fairness tests.

The central legal issues before the Commission were whether the agreement was genuinely negotiated and if it satisfied the conditions for a single enterprise agreement. The Commission also had to determine if the agreement met the procedural requirements, including the provision of a copy to the Fair Work Ombudsman and the publication of the agreement for employee comment. Additionally, the Commission examined if the agreement was fair and reasonable, considering the balance of rights and obligations and the interests of both employers and employees.

The Commission found that the agreement was genuinely negotiated between the parties and satisfied the conditions for a single enterprise agreement. It was determined that the procedural requirements had been met, including the provision of a copy to the Fair Work Ombudsman and the publication of the agreement for employee comment. The Commission also concluded that the agreement was fair and reasonable, as it provided a balance of rights and obligations that were in the interests of both parties. Therefore, the Commission approved the agreement.

The final orders of the Commission were that the Prima Architectural (VIC) Pty Ltd and CFMMEU Manufacturing Division Enterprise Agreement 2023 be approved as a single enterprise agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement.

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