DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Probuild Constructions (Aust) Pty Ltd
(AG2018/1314)

PROBUILD AND CFMEU QUEENSLAND ENTERPRISE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 JUNE 2018

Application for approval of the Probuild and CFMEU Queensland Enterprise Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Probuild and CFMEU Queensland Enterprise Agreement 2018-2019 (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, 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 22 June 2018. The nominal expiry date of the Agreement is 1 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Probuild Constructions (Aust) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Queensland Branch. The dispute pertains to the application for approval of the Probuild and CFMEU Queensland Enterprise Agreement 2018-2019. The matter was heard in the Fair Work Commission. The legal issues before the court revolved around whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly focusing on the requirements for a fair and efficient workplace. This included ensuring the agreement met the standards for pay, conditions, and the process by which it was negotiated.

The court examined whether the agreement provided a fair and efficient basis for the employment relationship, taking into account the nature of the bargaining, the bargaining process, and the interests of the employees. It also assessed whether the agreement contained the minimum terms and conditions as required by the Act, including the minimum rates of pay and any other terms and conditions of employment. Furthermore, the court considered the fairness of the agreement in terms of its impact on the employees and whether it provided a reasonable balance between the interests of the employer and the employees.

The Fair Work Commission found that the Probuild and CFMEU Queensland Enterprise Agreement 2018-2019 met all the necessary legal requirements. It was determined that the agreement was fair and efficient, providing a balanced and reasonable basis for the employment relationship. The court approved the agreement, finding that it complied with all statutory provisions and adequately represented the interests of both parties. The agreement was deemed to provide a fair and efficient framework for employment, ensuring compliance with the Fair Work Act 2009.

Probuild Constructions (Aust) Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established