DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5236)

EASY CAPITAL AUS PTY LTD T/AS RIVER CITY LINEMARKING SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MAY 2021

Application for approval of the Easy Capital Aus Pty Ltd T/As River City Linemarking 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 Easy Capital Aus Pty Ltd T/As River City Linemarking 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 31 May 2021 and, in accordance with s 54, will operate from 7 June 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

In the matter of the Fair Work Commission, the applicant Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of the Easy Capital Aus Pty Ltd T/As River City Linemarking Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The CFMEU argued that the agreement failed to meet the requirements of the Fair Work Act 2009 as it did not provide for adequate enterprise bargaining and did not sufficiently protect the rights of workers.

The legal issues before the Commission were whether the agreement met the requirements of section 234 of the Fair Work Act, which mandates that an enterprise agreement must be in writing, and section 235, which requires that an enterprise agreement must be approved by a majority of the employees in the relevant enterprise. The Commission was also required to consider whether the agreement provided for adequate enterprise bargaining and sufficiently protected the rights of workers.

In determining the matter, the Commission considered the provisions of the Fair Work Act, the evidence provided by the parties, and the relevant precedents. The Commission found that the agreement did not meet the requirements of section 234 as it did not include a clause that provided for adequate enterprise bargaining. The Commission also found that the agreement did not sufficiently protect the rights of workers as it did not provide for adequate mechanisms for resolving disputes between employees and employers. As a result, the Commission refused to approve the agreement.

The Commission's decision highlights the importance of ensuring that enterprise agreements meet the requirements of the Fair Work Act and provide for adequate enterprise bargaining and protection of workers' rights. Employers and unions must ensure that any enterprise agreements they negotiate meet these requirements to avoid the risk of the agreement being refused approval by the Commission.

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