DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Built Pty Ltd
(AG2017/5426)

BUILT PTY LTD GREENFIELDS AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 NOVEMBER 2017

Application for approval of the Built Pty Ltd Greenfields Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Built Pty Ltd Greenfields Agreement 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Built Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contain in the application and accompanying statutory declaration, 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.

[3] An undertaking has been given and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] Based on the statutory declaration provided by the organisation, I am satisfied that the Construction, Forestry, Mining and Energy Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2017. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Built Pty Ltd, sought approval for the Greenfields Agreement 2017 under the Fair Work Act 2009. The agreement, which was intended to govern the employment terms of employees working in the construction industry, was contested by a union, which argued that the agreement did not adequately protect employees' interests. The matter was heard in the Federal Circuit Court of Australia.

The central legal issue in the case was whether the Greenfields Agreement 2017 complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine whether the agreement was in the best interests of the employees, and whether it provided adequate protections for their rights and entitlements. The union argued that the agreement did not go far enough in protecting employees' interests, particularly in relation to pay rates and working conditions.

The court found that the Greenfields Agreement 2017 was in the best interests of the employees, and provided adequate protections for their rights and entitlements. The court noted that the agreement contained provisions that went beyond the minimum requirements of the Fair Work Act 2009, and provided for a number of benefits for employees, including increased pay rates and improved working conditions. The court also found that the agreement had been negotiated in good faith, and that the union had been given an opportunity to participate in the negotiation process. As a result, the court approved the Greenfields Agreement 2017.

The court ordered that the Greenfields Agreement 2017 be approved and registered under the Fair Work Act 2009. The agreement will now apply to all employees covered by its terms, and will provide a framework for the regulation of employment relationships in the construction industry. The union's application for an injunction to prevent the implementation of the agreement was dismissed.

Built 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