Construction, Forestry and Maritime Employees Union

[2024] FWCA 929

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/421)

BOORLOO RESOURCES PTY LTD AND CFMEU (WA) AND AWU (ARMADALE LINE UPGRADE) GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 14 MARCH 2024

Application for approval of the Boorloo Resources Pty Ltd and CFMEU (WA) and AWU (Armadale Line Upgrade) Greenfields Agreement 2024

An application has been made for approval of a greenfields agreement known as the Boorloo Resources Pty Ltd and CFMEU (WA) and AWU (Armadale Line Upgrade) Greenfields Agreement 2024 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (CFMEU) pursuant to s 185 of the Fair Work Act 2009 (the Act).

The content of the signature page of the Agreement was non-compliant with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). The Applicant sought to rectify the issue by amending the application pursuant to s 586 of the Act. Such amendment was allowed.

This is a greenfields agreement that meets the requirements of s 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 CFMEU and The Australian Workers' Union (AWU) 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.

The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

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

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 21 March 2024. The nominal expiry date of the Agreement is 1 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Boorloo Resources Pty Ltd and the Construction, Forestry and Maritime Employees Union (WA) along with the Australian Workers' Union. The dispute centred around the approval of the Boorloo Resources Pty Ltd and CFMEU (WA) and AWU (Armadale Line Upgrade) Greenfields Agreement 2024, which was sought to be ratified by the Fair Work Commission. The applicants argued that the agreement provided fair and reasonable terms for the employees involved in the Armadale Line Upgrade project, while no objections were raised by any party.

The legal issues before the court were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for fair and reasonable terms and conditions for the employees, and if it complied with the relevant provisions of the Act. The court also needed to assess if the agreement was made in good faith and if it provided for appropriate dispute resolution mechanisms.

The court found that the agreement was fair and reasonable, as it provided for a comprehensive set of terms and conditions that were negotiated between the parties. The court noted that the agreement included provisions for wages, hours of work, leave entitlements, and other employment conditions that were considered to be in line with industry standards. The court also found that the agreement was made in good faith, as there was no evidence of coercion or undue influence exerted by either party. Furthermore, the court determined that the agreement provided for appropriate dispute resolution mechanisms, including the use of conciliation and arbitration to resolve any future disputes that might arise. Based on these findings, the court approved the agreement, thereby allowing it to come into effect.

The final orders of the court were that the Boorloo Resources Pty Ltd and CFMEU (WA) and AWU (Armadale Line Upgrade) Greenfields Agreement 2024 be approved and registered under the Fair Work Act 2009. The agreement was to be binding on all parties and would govern the employment conditions of the employees involved in the Armadale Line Upgrade project. The court also ordered that the agreement be published on the Fair Work Commission's website, to ensure transparency and accessibility for all stakeholders.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established