Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 281

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/138)

Anora Foundations Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 1 FEBRUARY 2022

Application for approval of the Anora Foundations Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

An application has been made for approval of a greenfields agreement known as the Anora Foundations Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 8 February 2022. The nominal expiry date of the Agreement is 1 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Construction, Forestry, Maritime, Mining and Energy Union for the approval of the Anora Foundations Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The dispute arose under the Fair Work Act 2009, and the matter was heard in the Federal Circuit Court of Australia. The legal issues before the court centred on whether the proposed agreement met the criteria for registration under the Act and whether it provided for fair and reasonable terms and conditions for the employees involved in the project.

In determining whether the agreement should be approved, the court considered the statutory requirements and relevant provisions of the Fair Work Act 2009. The court examined the agreement's content, including its provisions on wages, hours of work, leave, and other employment terms, as well as its compliance with the Act. The court also took into account submissions from the parties and any relevant precedents. Ultimately, the court found that the agreement provided for fair and reasonable terms and conditions for the employees and met the necessary criteria for registration.

Following its analysis, the court approved the Anora Foundations Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The court determined that the agreement was consistent with the principles of the Fair Work Act 2009 and provided for a fair and reasonable outcome for all parties involved. This decision provides clarity on the registration of the agreement, ensuring that the terms and conditions set out within it are legally enforceable.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established