DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/6768)

MAXIM INFRASTRUCTURE PTY LTD AND ETU VICTORIAN RAIL INFRASTRUCTURE GREENFIELDS AGREEMENT 2018 - 2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 7 MARCH 2019

Application for approval of the Maxim Infrastructure Pty Ltd and ETU Victorian Rail Infrastructure Greenfields Agreement 2018 - 2021.

[1] An application has been made for approval of a greenfields agreement known as the Maxim Infrastructure Pty Ltd and ETU Victorian Rail Infrastructure Greenfields Agreement 2018 - 2021 (Agreement). The application was made by pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the ETU 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.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the ETU and that the Agreement covers this organisation.

[5] The Agreement was approved on 7 March 2019 and, in accordance with s.54 of the Act, will operate from 14 March 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve an enterprise agreement between Maxim Infrastructure Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The dispute involved the terms and conditions of employment for workers in the construction industry, specifically focusing on the agreement for the period from 2018 to 2021. The legal issues before the FWC centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. These requirements included ensuring the agreement was made in good faith, did not discriminate unfairly, and included appropriate dispute resolution mechanisms.

The FWC examined whether the agreement was made in good faith by reviewing the negotiation process and the conduct of the parties involved. The FWC also assessed whether the agreement contained provisions that were discriminatory or unfairly disadvantaged certain employees. Additionally, the FWC verified that the agreement included provisions for resolving disputes between the parties. The FWC considered submissions from both the union and the employer, as well as any other relevant evidence provided.

After thorough consideration of the evidence and arguments presented, the FWC found that the agreement met the necessary criteria for approval. The FWC determined that the agreement was made in good faith, did not contain unfair discrimination, and included appropriate dispute resolution provisions. Consequently, the FWC approved the enterprise agreement. The FWC's decision was based on a detailed analysis of the negotiation process, the terms of the agreement, and the submissions from both parties. The approval of the agreement ensures that the terms and conditions of employment for the workers are legally binding and enforceable.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established