DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4150)

TOP UP LABOUR HIRE PTY LTD/CFMEU SOUTH AUSTRALIA GREENFIELD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 MARCH 2021

Application for approval of the TOP UP LABOUR HIRE PTY LTD/CFMEU South Australia Greenfield Enterprise Agreement 2021.

[1] An application has been made for approval of a greenfields agreement known as the TOP UP LABOUR HIRE PTY LTD/CFMEU South Australia Greenfield Enterprise Agreement 2021 (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 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 31 March 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the TOP UP LABOUR HIRE PTY LTD/CFMEU South Australia Greenfield Enterprise Agreement 2021. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Top Up Labour Hire Pty Ltd were the parties involved in the dispute, which centred on the terms and conditions of employment under the proposed enterprise agreement. The application was heard by the Fair Work Commission, which had to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues the Commission had to resolve included whether the agreement provided for a fair and efficient workplace, complied with the provisions of the Fair Work Act, and was made in good faith. In particular, the Commission had to examine the process by which the agreement was negotiated, the fairness of the terms and conditions it proposed, and whether it contained all the mandated minimum terms as stipulated by the Act. Additionally, the Commission considered whether the agreement appropriately balanced the interests of both employers and employees.

In reaching its decision, the Commission meticulously reviewed the negotiation process, the content of the proposed agreement, and the evidence provided by both parties. It found that the agreement was negotiated in good faith and contained all the mandated minimum terms. The Commission also concluded that the agreement provided for a fair and efficient workplace, as it addressed key issues relevant to the workforce and incorporated provisions that were beneficial to both parties. After careful consideration, the Commission approved the enterprise agreement, recognising its compliance with the legal standards and its potential to foster a balanced and productive working environment.

The final orders of the Commission were that the TOP UP LABOUR HIRE PTY LTD/CFMEU South Australia Greenfield Enterprise Agreement 2021 was approved and registered under the Fair Work Act. This decision marked the formal recognition of the agreement as a binding framework governing the employment conditions between the parties, effective from the date of the Commission’s approval.

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