Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6505

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7982)

G JAMES GLASS & ALUMINIUM PTY LTD AND G JAMES GLASS & ALUMINIUM (QLD) PTY LTD CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 NOVEMBER 2021

Application for approval of the G James Glass & Aluminium Pty Ltd and G James Glass & Aluminium (QLD) Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020

[1] An application has been made for approval of a greenfields agreement known as the G James Glass & Aluminium Pty Ltd and G James Glass & Aluminium (QLD) Pty Ltd Cairns Convention Centre 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).

[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 and the 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.

[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 the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 November 2021. The nominal expiry date of the Agreement is 2 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Construction, Forestry, Maritime, Mining and Energy Union, sought approval of an enterprise agreement for employees of G James Glass & Aluminium Pty Ltd and G James Glass & Aluminium (QLD) Pty Ltd. The agreement in question, the Cairns Convention Centre Project Greenfields Agreement 2020, was subject to review and potential approval by the Fair Work Commission. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the court were whether the agreement contained all the necessary elements required by law, including provisions for minimum wages, penalty rates, and other entitlements, as well as whether it had been genuinely negotiated and whether it would result in improved workplace relations. Additionally, the court needed to consider if the agreement provided for a fair and efficient workplace and whether it would result in a net benefit for the employees.

The Fair Work Commission, in its decision, thoroughly examined the provisions of the Cairns Convention Centre Project Greenfields Agreement 2020. It found that the agreement contained all necessary elements, including adequate provisions for minimum wages, penalty rates, and other entitlements. The Commission determined that the agreement had been genuinely negotiated and that it would result in improved workplace relations. Furthermore, the Commission concluded that the agreement provided for a fair and efficient workplace and that it would result in a net benefit for the employees. Consequently, the Commission approved the agreement.

In light of the findings, the Fair Work Commission approved the Cairns Convention Centre Project Greenfields Agreement 2020, effective from the date of the decision. The agreement is now legally binding on the parties involved, and the employees covered by the agreement are entitled to the terms and conditions set out within it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established