Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7211

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8814)

ADCON RESOURCES GROUP SA PTY LTD/CFMEU SOUTH AUSTRALIA GREENFIELDS ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 20 DECEMBER 2021

Application for approval of the ADCON RESOURCES GROUP SA PTY LTD/CFMEU South Australia Greenfields Enterprise Agreement 2021

[1] An application has been made for approval of a greenfields agreement known as the ADCON RESOURCES GROUP SA PTY LTD/CFMEU South Australia Greenfields Enterprise Agreement 2021 (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.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 27 December 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of an enterprise agreement between ADCON Resources Group SA Pty Ltd and the CFMEU South Australia Greenfields. The dispute was brought before the Fair Work Commission, an Australian industrial relations tribunal. The CFMEU sought approval for the agreement, which would outline the terms and conditions of employment for workers at ADCON Resources Group, including wages, hours of work, and other employment-related matters.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly whether the agreement was a "bargained agreement" and whether it had been fairly and properly made. The Commission had to consider whether the agreement had been made in good faith, whether it was made without coercion or undue influence, and whether it contained all the required provisions. Additionally, the Commission had to assess whether the agreement would have a fair and reasonable effect on the employees it covered.

In reaching its decision, the Commission examined the process by which the agreement was negotiated and concluded that the agreement had been fairly and properly made. The Commission found that the agreement had been made in good faith, without coercion or undue influence, and that it contained all the required provisions. The Commission also considered the effect of the agreement on the employees and determined that it would have a fair and reasonable effect on them. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the ADCON Resources Group SA Pty Ltd/CFMEU South Australia Greenfields Enterprise Agreement 2021, finding that it met the requirements of the Fair Work Act 2009 and was fairly and properly made. The Commission's decision was based on its assessment of the negotiation process, the contents of the agreement, and its effect on the employees it covered. The approval of the agreement means that it will now govern the terms and conditions of employment for the workers at ADCON Resources Group.

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