DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Probuild Constructions (Aust) Pty Ltd
(AG2021/333)

PROBUILD CONSTRUCTIONS (AUST) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 24 FEBRUARY 2021

Application for approval of the Probuild Constructions (Aust) Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Probuild Constructions (Aust) Pty Ltd / CFMEU Collective Agreement 2019-2023 (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 3 March 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for approval of a collective agreement between Probuild Constructions (Aust) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was heard by the Fair Work Commission (FWC), Australia's industrial relations tribunal. The central dispute revolves around the terms and conditions of employment for workers under the collective agreement, and whether these terms meet the criteria for approval as stipulated in the Fair Work Act 2009.

The legal issues before the FWC included whether the proposed agreement adequately covers the essential terms of employment, whether it complies with the procedural requirements set out in the Fair Work Act, and if the agreement is in the best interests of the employees covered by it. The FWC had to consider whether the agreement's provisions on wages, working conditions, and dispute resolution mechanisms are fair and reasonable, and if the negotiation process was conducted appropriately and in good faith.

The FWC examined the evidence provided by both parties and concluded that the collective agreement met the necessary criteria for approval. The Commission found that the agreement contained comprehensive terms covering all essential matters, and that the negotiation process was conducted in a manner consistent with the principles of good faith and procedural fairness. The FWC also determined that the agreement's provisions were fair and reasonable and in the best interests of the employees. Accordingly, the FWC approved the Probuild Constructions (Aust) Pty Ltd / CFMEU Collective Agreement 2019-2023.

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