DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4383)

LINDORES PERSONNEL NO.1 PTY LTD CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 APRIL 2021

Application for approval of the Lindores Personnel No.1 Pty Ltd Cairns Convention Centre 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 Lindores Personnel No.1 Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CFMMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 8 April 2021 and, in accordance with s 54, will operate from 15 April 2021. The nominal expiry date of the Agreement is 2 July 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry, Maritime, Mining and Energy Union for approval of a workplace agreement. The agreement in question, the Lindores Personnel No.1 Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020, was proposed between the applicant union and the employer, Lindores Personnel No.1 Pty Ltd. The dispute centred on the terms of the agreement and whether they complied with the applicable industrial laws and the process for seeking approval.

The court was required to determine whether the application for approval of the agreement was valid and if the terms of the agreement complied with the provisions of the Fair Work Act 2009. The key issues were whether the application was made in good faith, whether the agreement was a genuine workplace agreement, and whether it met the criteria for being a greenfields agreement under the Act. Additionally, the court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment.

In delivering its decision, the court found that the application for approval of the agreement was valid and that the agreement met the requirements of a greenfields agreement. The court was satisfied that the application was made in good faith and that the agreement was a genuine workplace agreement. The court also determined that the terms of the agreement were fair and reasonable, and that it complied with the relevant provisions of the Fair Work Act 2009. Consequently, the court approved the application for the agreement.

The court's final orders were that the Lindores Personnel No.1 Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020 be approved as a greenfields agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to implement the agreement in accordance with its terms.

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