Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6479

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7905)

BEENLEIGH STEEL FABRICATIONS PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 OCTOBER 2021

Application for approval of the Beenleigh Steel Fabrications 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 Beenleigh Steel Fabrications Pty Ltd 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).

[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 5 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

The case before the Fair Work Commission involved an application for the approval of an agreement that had been reached between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Beenleigh Steel Fabrications Pty Ltd. This agreement, known as the Greenfields Agreement 2020, related to the Southern Queensland Correctional Precinct Stage 2 Project. The primary dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The Commission was tasked with examining the fairness and appropriateness of the agreement, ensuring it did not adversely affect the employees' rights or working conditions.

The legal issues that the Fair Work Commission needed to address included whether the agreement provided for appropriate minimum terms and conditions, if it allowed for fair and flexible work arrangements, and if it ensured that employees were not disadvantaged by the terms of the agreement. The Commission also had to determine whether the agreement adhered to the requirements for good faith bargaining and if it complied with the statutory obligations under the Fair Work Act. The focus was on whether the agreement would serve the interests of the employees and maintain a fair and balanced relationship between the employer and the workforce.

In its decision, the Fair Work Commission considered the specific terms and provisions of the Greenfields Agreement 2020. The Commission examined the evidence provided by both parties and assessed the overall fairness and appropriateness of the agreement. The Commission concluded that the agreement met the necessary standards and provided for appropriate minimum terms and conditions, including fair and flexible work arrangements. It was determined that the agreement did not disadvantage the employees and complied with the statutory obligations under the Fair Work Act. The Commission found that the agreement was the result of good faith bargaining and was in the best interests of the employees. Based on this analysis, the Commission approved the agreement.

The Fair Work Commission ordered the approval of the Greenfields Agreement 2020, recognising it as a fair and appropriate agreement that met the requirements of the Fair Work Act. The Commission's decision provided certainty and clarity for both the employer and the employees, ensuring that the agreement would govern their relationship in a fair and balanced manner. This approval allowed the Southern Queensland Correctional Precinct Stage 2 Project to proceed, with the agreement in place to regulate the terms and conditions of employment for the workers 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