DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Probuild Constructions (Aust) Pty Ltd
(AG2016/3627)

PROBUILD CONSTRUCTIONS (AUST) PTY LTD, ITS EMPLOYEES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 JUNE 2016

Application for approval of the Probuild Constructions (Aust) Pty Ltd, its Employees and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Probuild Constructions (Aust) Pty Ltd, its Employees 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 Probuild Constructions (Aust) Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 30 June 2016 and, in accordance with s.54, will operate from 7 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Probuild Constructions (Aust) Pty Ltd, along with its employees and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), sought approval for their Enterprise Agreement 2016-2018. The application was lodged in the Fair Work Commission, which is tasked with the responsibility of assessing enterprise agreements to ensure they meet the statutory requirements under the Fair Work Act 2009. The crux of the dispute centred on whether the agreement complied with the legislative framework governing enterprise agreements, particularly with respect to the provisions concerning employee rights and protections.

The legal issues before the Commission involved assessing whether the proposed terms and conditions of the Enterprise Agreement adhered to the provisions set forth in the Fair Work Act. This included scrutinising the agreement to ensure it provided for a fair and equitable balance between the rights and obligations of the employer and employees, and that it did not undermine the minimum standards established by the Act. Specifically, the Commission had to examine if the agreement was genuinely negotiated, if it complied with the good faith bargaining requirements, and if it included all necessary minimum terms and conditions.

In its decision, the Commission found that the Enterprise Agreement 2016-2018 was consistent with the statutory requirements under the Fair Work Act. The Commission determined that the agreement was genuinely negotiated and that it contained all the necessary minimum terms and conditions. Furthermore, the Commission was satisfied that the agreement was fair and balanced, providing appropriate protections for employees while allowing for the operational needs of the employer. Consequently, the Fair Work Commission approved the Enterprise Agreement 2016-2018.

Probuild Constructions (Aust) 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