DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5276)

CASA ENGINEERING (BRISBANE) PTY LTD CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 JUNE 2021

Application for approval of the Casa Engineering (Brisbane) Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Casa Engineering (Brisbane) 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 10 June 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 parties involved in this case are the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Casa Engineering (Brisbane) Pty Ltd. The dispute centres around an application for approval of the Casa Engineering (Brisbane) Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020. The Fair Work Commission, specifically the Full Bench, heard the matter.

The legal issues before the court were whether the proposed agreement met the criteria set out in the Fair Work Act 2009, specifically whether it contained the requirements of a genuine agreement and if it was in the public interest. The CFMEU argued that the agreement did not meet the threshold for genuine agreement and that it would have detrimental effects on the employees.

The Full Bench of the Fair Work Commission found that the application met the criteria for genuine agreement as it had been negotiated in good faith and was not made under duress. The Commission also found that the proposed agreement was in the public interest, considering the benefits it would bring to the local economy and job creation. The Full Bench approved the application, allowing the proposed agreement to proceed.

The Fair Work Commission's decision was based on the evidence presented and the criteria set out in the Fair Work Act 2009. The Commission found that the agreement contained all necessary elements and was in the best interest of the public. The CFMEU's concerns were addressed, and the Commission determined that the benefits of the proposed agreement outweighed any potential negative impacts on employees. The Full Bench's decision was final and binding, and the application for approval of the Casa Engineering (Brisbane) Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020 was approved.

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