DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6316)

VTS CONTRACTING QLD PTY LTD CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 AUGUST 2021

Application for approval of the VTS Contracting 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 VTS Contracting 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 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 9 August 2021. The nominal expiry date of the Agreement is 2 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Construction, Forestry, Maritime, Mining and Energy Union, which applied to the Fair Work Commission for approval of the VTS Contracting QLD Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020. VTS Contracting is a company involved in the construction industry, and the agreement in question was made in relation to a project for the Cairns Convention Centre. The union sought to have the agreement approved under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the union needed to demonstrate that the agreement was a genuine enterprise agreement and that it provided for fair and reasonable terms and conditions of employment. The Commission had to consider whether the agreement was appropriately negotiated, if it included essential terms, and if it provided for fair and reasonable outcomes for employees.

In its decision, the Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission noted that the agreement was genuinely negotiated between the employer and the union, and that it contained terms that were fair and reasonable. The agreement provided for appropriate wage rates, leave entitlements, and other employment conditions. The Commission concluded that the agreement would benefit employees by providing a stable and predictable framework for their employment. Consequently, the Commission approved the agreement.

The final orders of the Commission were that the VTS Contracting QLD Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020 be approved under the Fair Work Act, effective from the date of the decision. The approval ensures that the terms of the agreement will govern the employment conditions of workers involved in the Cairns Convention Centre project.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established