DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4085)

SRG GLOBAL CASC PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 MARCH 2021

Application for approval of the SRG Global CASC Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024.

[1] An application has been made for approval of a greenfields agreement known as the SRG Global CASC Pty Ltd and CFMEU (WA) Enterprise Agreement 2020-2024 (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 25 March 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and SRG Global CASC Pty Ltd. The dispute arose from an application for approval of the Enterprise Agreement between the two parties for the years 2020 to 2024. The case was heard by the Fair Work Commission. The primary legal issue before the court was whether the Enterprise Agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for the fair and reasonable remuneration and conditions for employees, and whether it complied with the provisions of the Act regarding the protection of vulnerable employees.

The court considered various aspects of the Enterprise Agreement, including the provisions for pay rates, leave entitlements, and other conditions of employment. The court examined whether the agreement provided adequate protections for vulnerable employees, such as those on casual or part-time contracts. The court also considered whether the agreement provided for appropriate mechanisms for resolving disputes and ensuring compliance with the terms of the agreement. Ultimately, the court found that the Enterprise Agreement met the statutory requirements for approval, as it provided for fair and reasonable remuneration and conditions for employees, and included appropriate protections for vulnerable workers.

The Fair Work Commission approved the Enterprise Agreement, finding that it met the necessary statutory requirements. The court noted that the agreement provided for fair and reasonable remuneration and conditions for employees, and included appropriate protections for vulnerable workers. The court also found that the agreement included appropriate mechanisms for resolving disputes and ensuring compliance with the terms of the agreement. The decision was made in the interest of promoting harmonious, productive and cooperative workplace relations.

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