DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Probuild Constructions (Aust) Pty Ltd
(AG2020/4117)

PROBUILD CONSTRUCTIONS (AUST) PTY LTD THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 JANUARY 2021

Application for approval of the Probuild Constructions (Aust) Pty Ltd the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Probuild Constructions (Aust) Pty Ltd the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023 (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] 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, 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Probuild Constructions (Aust) Pty Ltd applied for approval of the Probuild Constructions (Aust) Pty Ltd the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023. The dispute arose from the negotiation of a new enterprise agreement between Probuild and the CFMEU, which was intended to govern the employment conditions of Probuild's employees. The Commission was required to determine whether the proposed agreement was in the best interests of the employees and met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met the statutory criteria for approval, including whether it contained appropriate terms and conditions for employees and whether it was negotiated in good faith. The Commission also considered whether the agreement provided for fair and reasonable terms for the employees and whether it contained any terms that would have an adverse effect on the employees.

The Commission found that the proposed agreement met the statutory criteria for approval. It determined that the agreement contained appropriate terms and conditions for employees, including provisions for wages, leave, and other employment-related matters. The Commission also found that the agreement was negotiated in good faith and provided for fair and reasonable terms for the employees. The Commission was satisfied that the proposed agreement was in the best interests of the employees and did not contain any terms that would have an adverse effect on them.

Accordingly, the Commission approved the proposed agreement, which will now govern the employment conditions of Probuild's employees for the period 2020-2023. The approval of the agreement ensures that the employees have a fair and reasonable set of employment terms and conditions that are negotiated in good faith by their employer and the CFMEU.

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