DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4952)

LINDORES PERSONNEL NO.1 PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 MAY 2021

Application for approval of the Lindores Personnel No.1 Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Lindores Personnel No.1 Pty Ltd Southern Queensland Correctional Precinct Stage 2 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 21 May 2021. The nominal expiry date of the Agreement is 1 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application before the Fair Work Commission, seeking approval of the Lindores Personnel No.1 Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The CFMEU argued that the agreement did not comply with certain provisions of the Fair Work Act 2009 (Cth). The respondent, Lindores Personnel No.1 Pty Ltd, contended that the agreement was appropriate and met the necessary legal standards.

The primary legal issues the Commission had to address were whether the agreement met the requirements for being a Greenfields Agreement under section 186 of the Fair Work Act, and if it adequately covered the matters specified in section 235 of the Act. The Commission examined whether the agreement provided for fair and reasonable terms and conditions of employment, and if it complied with the procedural requirements set forth in the Act.

The Commission found that the agreement was appropriately structured as a Greenfields Agreement and met the necessary criteria under section 186 of the Fair Work Act. It determined that the agreement contained provisions that addressed the matters specified in section 235 of the Act, including terms and conditions of employment, and procedural matters. The Commission concluded that the agreement was fair and reasonable and complied with the legal requirements. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Lindores Personnel No.1 Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020, finding it to be compliant with the Fair Work Act and fair and reasonable in its terms and conditions of employment.

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