Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7639)

SYMAL INFRASTRUCTURE PTY LTD AND CFMMEU SURFACE WORKS GREENFIELD AGREEMENT 2021 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 7 OCTOBER 2021

Application for approval of the Symal Infrastructure Pty Ltd and CFMMEU Surface Works Greenfield Agreement 2021 - 2025

[1] An application has been made for approval of an enterprise agreement to be known as the Symal Infrastructure Pty Ltd and CFMMEU Surface Works Greenfield Agreement 2021 - 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Symal Infrastructure Pty Ltd (Employer). The Agreement is a greenfields agreement.

[2] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2021. The nominal expiry date of the Agreement is 1 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the Symal Infrastructure Pty Ltd and CFMEU Surface Works Greenfield Agreement 2021-2025. This agreement, if approved, would govern the terms and conditions of employment for workers involved in surface works at Greenfield, a construction site. The dispute centred around whether the agreement complied with the Fair Work Act 2009 and other relevant legislative provisions, particularly concerning minimum wages, penalty rates, and other employment conditions.

The court was tasked with determining several key legal issues. First, whether the proposed agreement met the statutory requirements for an enterprise agreement under the Fair Work Act. This included assessing if the agreement had been made in good faith and whether it provided for the proper operation of the enterprise. Second, the court needed to ensure that the agreement complied with the provisions of the National Employment Standards and other applicable awards. The court also had to verify if the agreement appropriately balanced the interests of both the employer and the employees.

In reaching its decision, the Fair Work Commission examined the contents of the agreement against the legal framework set out in the Fair Work Act. The Commission determined that the agreement was made in good faith and provided for the proper operation of the enterprise. It was found that the proposed agreement met the statutory requirements for an enterprise agreement, as it included provisions that were not less favourable than the applicable awards and national employment standards. The Commission also concluded that the agreement appropriately balanced the interests of both parties and did not disadvantage any group of employees.

The Fair Work Commission approved the Symal Infrastructure Pty Ltd and CFMEU Surface Works Greenfield Agreement 2021-2025, effective from the date of the decision. The approval ensures that the terms and conditions set out in the agreement are legally binding on both parties, providing certainty and protection for employees working at the Greenfield site.

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