DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Probuild Constructions (Aust) Pty Ltd
(AG2016/5341)

PROBUILD CONSTRUCTIONS (AUST) PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 SEPTEMBER 2016

Application for approval of the Probuild Constructions (Aust) Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Probuild Constructions (Aust) Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020 (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 9 September 2016. The nominal expiry date of the Agreement is 1 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Probuild Constructions (Aust) Pty Ltd applied to the Fair Work Commission for approval of the Probuild Constructions (Aust) Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Fair Work Commission was required to determine whether the agreement met the requirements of section 234 of the Fair Work Act 2009, which includes the provision that the agreement must not contain terms that are less favourable than the applicable award or safety net award.

The Commission found that the agreement contained terms that were less favourable than the applicable award. However, the Commission determined that the less favourable terms were justified by the principle of better off overall and in the public interest. The Commission found that the agreement provided for significant improvements in productivity, efficiency and flexibility, and that the less favourable terms were outweighed by the overall benefits of the agreement. The Commission also found that the agreement would contribute to the public interest by promoting stability and predictability in the construction industry. The Commission approved the agreement on the basis that it met the requirements of section 234 of the Fair Work Act.

The Commission made an order approving the Probuild Constructions (Aust) Pty Ltd and CFMEU (WA) Enterprise Agreement 2016-2020, subject to certain conditions. The conditions included the requirement that the agreement be registered with the Fair Work Commission, and that the parties must provide a copy of the agreement to each employee covered by the agreement. The Commission also made an order that the agreement be published on the Fair Work Commission's website.

Probuild Constructions (Aust) Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established