DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Probuild Constructions (Aust) Pty Ltd
(AG2016/6243)

PROBUILD CONSTRUCTIONS (AUST) PTY LTD, ITS EMPLOYEES AND CFMEU NEW SOUTH WALES ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 OCTOBER 2016

Application for approval of the Probuild Constructions (Aust) Pty Ltd, its Employees and CFMEU New South Wales Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Probuild Constructions (Aust) Pty Ltd, its Employees and CFMEU New South Wales Enterprise Agreement 2016-2019 (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 19 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Probuild Constructions (Aust) Pty Ltd applied for approval of the Probuild Constructions (Aust) Pty Ltd, its Employees and CFMEU New South Wales Enterprise Agreement 2016-2019 before the Fair Work Commission. The Australian Building and Construction Commission sought to have the application dismissed, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The central legal issues were whether the agreement was appropriately made, complied with the provisions of the Fair Work Act, and whether it was in the best interests of the employees.

The Fair Work Commission found that the agreement was appropriately made in accordance with the requirements of the Fair Work Act. It was determined that the agreement was made without coercion and was not affected by any unfair labour practices. The Commission also found that the agreement complied with the provisions of the Fair Work Act, including the requirement for the agreement to provide for a fair and efficient workplace. The Commission concluded that the agreement was in the best interests of the employees, as it provided for a range of benefits, including increased wages and improved working conditions.

Accordingly, the Fair Work Commission approved the Probuild Constructions (Aust) Pty Ltd, its Employees and CFMEU New South Wales Enterprise Agreement 2016-2019. The Australian Building and Construction Commission's application for dismissal was dismissed. The agreement will now be registered with the Fair Work Commission and will be in effect for the period of 2016 to 2019. This decision provides clarity for employers and employees in the construction industry regarding the requirements for an enterprise agreement and the approval process.

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