Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 7121

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2021/8691)

Churinga Investments Pty Ltd T/As L & D Contracting Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 DECEMBER 2021

Application for approval of the Churinga Investments Pty Ltd T/As L & D Contracting Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

An application has been made for approval of a greenfields agreement known as the Churinga Investments Pty Ltd T/As L & D Contracting Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (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 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 of the Act, will operate from 21 December 2021. The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) who sought to have the Churinga Investments Pty Ltd T/As L & D Contracting Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 approved by the court. The dispute centred around the terms and conditions set out in the agreement and the implications of these terms on the workers employed in the project.

The court was required to decide whether the agreement was fair and reasonable under the Fair Work Act 2009. This involved an analysis of whether the agreement provided for the terms and conditions of employment that were no less favourable than the relevant national workplace determination. The court also needed to consider the bargaining power of the parties, the fairness of the negotiation process, and whether the agreement met the requirements for approval.

In its reasoning, the court examined the various provisions of the agreement and found that, overall, it was fair and reasonable. The court took into account the specific nature of the project, the bargaining power of the parties, and the fact that the agreement provided for terms and conditions that were at least as favourable as those set out in the relevant national workplace determination. The court concluded that the negotiation process was fair, and the agreement met the requirements for approval under the Fair Work Act 2009.

The court granted approval for the Churinga Investments Pty Ltd T/As L & D Contracting Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020, recognising it as a fair and reasonable agreement for the purposes of the Act.

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