DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4753)

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

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

Application for approval of the Delta 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 Delta 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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2021. The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry, Maritime, Mining and Energy Union for approval of the Delta Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The primary dispute centred around the union's assertion that the proposed agreement did not adequately provide for the interests of the employees who would be engaged in the construction of the Southern Queensland Correctional Precinct Stage 2. The court was required to determine whether the terms of the Greenfields Agreement were fair and reasonable, and whether they provided appropriate protections and benefits for the employees involved.

The key legal issues before the court included whether the proposed agreement complied with the relevant industrial legislation and whether it adequately protected the rights and interests of the employees. This involved an analysis of the terms of the agreement, the negotiation process, and the overall fairness of the terms proposed. The court needed to ensure that the agreement provided a just and equitable resolution for all parties involved.

In delivering its decision, the court carefully considered the evidence and submissions presented by both the union and the employer. The court found that the proposed agreement did indeed provide fair and reasonable terms for the employees, including adequate protections and benefits. The court was satisfied that the negotiation process was fair and that the terms of the agreement were appropriate and in line with the relevant industrial legislation. As a result, the court granted approval for the Greenfields Agreement, confirming its fairness and reasonableness.

The final orders of the court included the approval of the Delta Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020, subject to the terms and conditions specified in the agreement. This decision was based on the court's finding that the agreement was fair and reasonable and provided appropriate protections and benefits for the employees involved in the 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