Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6206

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7635)

BEENLEIGH STEEL FABRICATIONS PTY LTD CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 OCTOBER 2021

Application for approval of the Beenleigh Steel Fabrications Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020

[1] An application has been made for approval of a greenfields agreement known as the Beenleigh Steel Fabrications 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 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 18 October 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 Construction, Forestry, Maritime, Mining and Energy Union sought approval for the Beenleigh Steel Fabrications Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020. The parties involved in the dispute included the Union, Beenleigh Steel Fabrications, and the employees of the Cairns Convention Centre Project. The case was heard by the Fair Work Commission. The core of the dispute was whether the proposed agreement was in the best interests of the employees and complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the criteria for being an "enterprise agreement" under the Fair Work Act, and if it provided fair terms and conditions for the employees. The Commission had to consider if the agreement was appropriately negotiated and if it offered adequate protections and benefits to the employees. Additionally, the Commission assessed whether the agreement complied with the "better off overall test," which ensures that employees are not worse off under the new agreement compared to their previous conditions.

The Commission found that the agreement satisfied the necessary criteria for being an enterprise agreement. It was determined that the agreement was appropriately negotiated and provided fair terms and conditions for the employees. The Commission also concluded that the agreement met the "better off overall test" as the employees would be better off under the new agreement. Consequently, the Commission approved the Beenleigh Steel Fabrications Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020, recognising it as a genuine enterprise agreement.

The Fair Work Commission approved the Beenleigh Steel Fabrications Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020, considering it a fair and beneficial enterprise agreement for the employees 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