Construction, Forestry and Maritime Employees Union

[2024] FWCA 3810

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3919)

DEREK GEE INSTALLATIONS PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 OCTOBER 2024

Application for approval of the Derek Gee Installations Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024

An application has been made for approval of a greenfields agreement known as the Derek Gee Installations 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 (Act).

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The Agreement was made on 7 October 2024. Accordingly, the better off overall test requirements are those applying on and from 6 June 2023.

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

I note that several clauses are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 4.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 (the Award) is 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 Construction, Forestry and Maritime Employees Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval for a new enterprise agreement with Derek Gee Installations Pty Ltd. The proposed agreement, titled the Derek Gee Installations Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024, was intended to cover employees working on the Ceres Project at Greenfields. The union argued that the agreement was fair and reasonable for the employees, while Derek Gee Installations Pty Ltd expressed concerns about certain provisions.

The central legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement was in compliance with the provisions concerning good faith bargaining, the protection of employees' rights, and the avoidance of unfair dismissal. The Commission also needed to assess whether the agreement provided for fair and reasonable terms and conditions for the employees.

In its decision, the Commission considered the submissions from both parties and examined the terms of the proposed agreement. The Commission found that the agreement contained provisions that were fair and reasonable, taking into account the specific circumstances of the employees and the nature of the work involved in the Ceres Project. The Commission was satisfied that the agreement provided for appropriate protections for employees and was the product of good faith bargaining. Accordingly, the Commission approved the Derek Gee Installations Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024.

The Commission's final orders were that the Derek Gee Installations Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 be approved and registered as a certified agreement under the Fair Work Act. This decision ensures that the agreement will provide a fair and reasonable framework for the terms and conditions of employment for the employees involved in the Ceres Project.

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