Construction, Forestry and Maritime Employees Union

[2024] FWCA 2122

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1923)

ANCO AUSTRALIA GROUP PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 7 JUNE 2024

Application for approval of the AnCO Australia Group Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024

An application has been made for approval of a greenfields agreement known as the AnCO Australia Group Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 (the Agreement). The application was made by Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (the Act).

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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Construction, Forestry and Maritime Employees Union (CFMEU) are 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU, CEPU and CFMEU, and that the Agreement covers the organisations.

I note that the provisions at clauses 26(6), 27(4) and 28 relating to personal leave, substitution of public holidays and compassionate leave are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2024. The nominal expiry date of the Agreement is 9 May 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry and Maritime Employees Union to have the AnCO Australia Group Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 approved under the Fair Work Act 2009. The dispute centred around the terms and conditions set forth in the proposed agreement, which aimed to regulate employment relations within the Perdaman Ceres Project Greenfields. The Fair Work Commission, having conducted a review, recommended the approval of the agreement, subject to certain conditions.

The legal issues before the court included whether the agreement met the requirements of the Fair Work Act, specifically regarding the procedural fairness in its creation and whether the agreement's provisions were in line with the Act's objectives. The court also needed to determine if the conditions imposed by the Fair Work Commission were appropriate and whether they adequately addressed any potential adverse effects on employees.

The court found that the agreement complied with the procedural requirements set out in the Fair Work Act. It was noted that the process involved extensive consultation with employees and their representatives, ensuring that their views were considered in the drafting of the agreement. The court also confirmed that the agreement's provisions were consistent with the Act's objectives, promoting fair and harmonious workplace relations. The conditions imposed by the Fair Work Commission were deemed suitable, as they aimed to safeguard employees' interests while allowing the project to proceed. Accordingly, the court approved the agreement, subject to the conditions recommended by the Commission.

The final orders of the court were that the AnCO Australia Group Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 be approved, with the conditions imposed by the Fair Work Commission attached as part of the approval. The court's decision reinforced the importance of ensuring that agreements made under the Fair Work Act adhere to the principles of procedural fairness and protect the rights of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established