Adelaide Plumbing Pty Ltd T/A Adelaide Plumbing and Civil

[2014] FWCA 3139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/1063)

RELIABILITY AIR PTY LTD - BROOKFIELD PLACE TOWER TWO AND CFMEU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 27 JUNE 2014

Application for approval of the Reliability Air Pty Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Reliability Air Pty Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is at the completion of the Project or 2 years from the date of this decision, whichever comes first.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Adelaide Plumbing Pty Ltd, trading as Adelaide Plumbing and Civil, brought an application before the Federal Circuit Court of Australia seeking approval of the Reliability Air Pty Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2014. The agreement sought to address the employment conditions of workers involved in the construction of the Brookfield Place Tower Two project. The dispute centred on the legality and fairness of the agreement, particularly in relation to its compliance with relevant industrial laws and the protection of workers' rights.

The primary legal issues before the court were whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009, and whether it provided adequate protections for the workers involved. The court had to consider the extent to which the agreement conformed to the prescribed industrial instruments and if it adequately addressed the interests of both employers and employees. Additionally, the court examined whether the agreement was made in good faith and whether it was appropriately negotiated.

The court found that the agreement met the necessary requirements under the Fair Work Act and the Fair Work Regulations. It determined that the agreement was made in good faith, was appropriately negotiated, and provided adequate protections for the workers. The court concluded that the agreement was fair and appropriate for the workers involved, and thus approved the agreement. The decision underscored the importance of ensuring that such agreements are both legally compliant and fair to all parties involved.

The final orders of the court approved the Reliability Air Pty Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2014, allowing it to take effect and be applied to the workers engaged in the construction of the Brookfield Place Tower Two project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established