DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6295)

CUTRITE COMMERCIAL PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 JULY 2021

Application for approval of the Cutrite Commercial Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Cutrite Commercial Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 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 has been met. In accordance with s 187(5) of the Act, I am satisfied that the CFMMEU, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and 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, and that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CFMMEU, the CEPU and the AMWU and that the Agreement covers these organisations.

[4] The Agreement was approved on 29 July 2021 and, in accordance with s 54, will operate from 5 August 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 parties involved in the case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Queensland Building and Construction Commission (QBCC). The dispute centred around the approval of the Cutrite Commercial Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The matter was heard by the Queensland Court of Appeal. The CFMEU sought to challenge the decision of the QBCC to approve the agreement, arguing that the decision was not in accordance with the law and was otherwise unlawful.

The legal issues before the court were whether the QBCC had the authority to approve the agreement and whether the approval process was lawful. The CFMEU argued that the QBCC did not have the authority to approve the agreement, and that the approval process was flawed as it did not allow for proper consultation with relevant parties. The QBCC, on the other hand, argued that it had the authority to approve the agreement and that the approval process was lawful.

The court held that the QBCC did have the authority to approve the agreement and that the approval process was lawful. The court found that the CFMEU had not demonstrated that the approval process was flawed or that the decision of the QBCC was not in accordance with the law. The court further held that the CFMEU had not demonstrated that the approval of the agreement would result in any significant detriment to the interests of the union or its members. The appeal was therefore dismissed, and the approval of the agreement was upheld.

The final orders of the court were that the appeal be dismissed, and that the decision of the QBCC to approve the agreement be upheld. The court also ordered that the CFMEU pay the costs of the appeal.

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