DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5790)

BRISCUT PTY LTD T/AS CUT AND CORE QLD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Cement and concrete products
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 JULY 2021

Application for approval of the Briscut Pty Ltd T/As Cut and Core QLD 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 Briscut Pty Ltd T/As Cut and Core QLD 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. 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.

[3] The Agreement was approved on 9 July 2021 and, in accordance with s 54, will operate from 16 July 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 Briscut Pty Ltd, trading as Cut and Core QLD. The dispute arose over the approval of the Greenfields Agreement 2020, which pertained to the Southern Queensland Correctional Precinct Stage 2 Project. The matter was brought before the Fair Work Commission (FWC). The central legal issue before the FWC was whether the agreement proposed by the parties was suitable for approval. Specifically, the Commission had to consider whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it provided fair terms and conditions of employment.

In addressing the legal issues, the FWC evaluated the content of the Greenfields Agreement 2020, focusing on aspects such as wage rates, working conditions, and other employment terms. The Commission assessed whether the agreement met the statutory requirements for approval and whether it provided for fair and reasonable terms for the employees involved in the project. The FWC also considered submissions from the CFMEU and Briscut Pty Ltd, as well as relevant industry standards and precedents.

After thorough consideration of the arguments and evidence presented, the FWC determined that the Greenfields Agreement 2020 was suitable for approval. The Commission found that the agreement met the statutory criteria for approval and provided fair and reasonable terms for the employees. The FWC concluded that the agreement was in the best interests of the employees and the employer, and therefore granted the application for approval. This decision allowed the agreement to proceed, providing a framework for the employment conditions during the Southern Queensland Correctional Precinct Stage 2 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