DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4018)

DARCY ROBINSON T/AS ROBRAND PROJECT SUPPORT SERVICES CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 MARCH 2021

Application for approval of the Darcy Robinson T/As Robrand Project Support Services Cairns Convention Centre Project Greenfields Agreement 2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of a greenfields agreement known as the Darcy Robinson T/As Robrand Project Support Services Cairns Convention Centre Project Greenfields Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 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 has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CFMMEU, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Australian Manufacturing Workers’ Union (AMWU) are 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. I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with CFMMEU, the CEPU and the AMWU and that the Agreement covers these organisations.

[3] The Agreement was approved on 10 March 2021 and, in accordance with s 54, will operate from 17 March 2021. The nominal expiry date of the Agreement is 2 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Construction, Forestry, Maritime, Mining and Energy Union and the employer, Darcy Robinson trading as Robrand Project Support Services, in relation to the Cairns Convention Centre Project. The dispute centred on the application for approval of a new enterprise agreement, the Greenfields Agreement 2020, under the Fair Work Act 2009. The case was heard by the Fair Work Commission.

The primary legal issues for the Commission to decide were whether the proposed agreement met the requirements of the Fair Work Act, particularly in relation to the provisions dealing with casual employees. The Commission needed to determine if the agreement provided appropriate protections and entitlements for casual employees, given the significant number of such employees in the project. This included assessing whether the agreement contained adequate provisions for the conversion of casual employees to permanent positions, and whether the pay rates and conditions offered were fair and reasonable.

In its decision, the Fair Work Commission found that the proposed agreement did not sufficiently protect casual employees. The Commission was particularly concerned about the lack of provisions for the conversion of casual employees to permanent positions and the inadequate pay rates offered. The Commission noted that the agreement failed to provide clear and fair pathways for casual employees to transition to permanent roles, which is a critical aspect of ensuring fairness in the workplace. The Commission concluded that the agreement did not meet the 'better off overall test' and consequently did not approve the application for the Greenfields Agreement 2020.

The Fair Work Commission did not approve the application for the Greenfields Agreement 2020 and ordered that the agreement be returned to the parties for further negotiation to address the identified issues.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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Orders of the court

Background to the litigation

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Legal Principle Established