Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6537

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8011)

HEINRICH FORMWORK GOLD COAST PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 NOVEMBER 2021

Application for approval of the Heinrich Formwork Gold Coast Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

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

[2] 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.

[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 of the Act, will operate from 11 November 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of its members, sought approval of an enterprise agreement. The agreement, titled the Heinrich Formwork Gold Coast Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020, was intended to regulate employment terms and conditions for workers involved in the construction of a correctional facility in Queensland. The application was brought before the Commission to determine whether the agreement met the criteria for registration under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was a genuine enterprise agreement and whether it contained all the mandatory terms and conditions required by the Fair Work Act. The Commission also needed to assess whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. Additionally, the Commission examined whether the agreement adhered to the procedural requirements for registration, such as the provision of the requisite notice and the opportunity for bargaining.

The Fair Work Commission found that the Heinrich Formwork Gold Coast Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 was a genuine enterprise agreement. The Commission noted that the agreement had been made in good faith and contained all the necessary mandatory terms. The Commission further determined that the agreement was fair and efficient and provided for a balanced and equitable workplace. The Commission also concluded that the procedural requirements for registration had been met, including the provision of notice and the opportunity for bargaining.

As a result of these findings, the Fair Work Commission approved the application for registration of the Heinrich Formwork Gold Coast Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The agreement was registered under the Fair Work Act, and the terms and conditions it contained became legally binding on the parties involved.

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