DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/3962)

GVK QLD REO PTY LTD CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 MARCH 2021

Application for approval of the GVK QLD Reo 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 a greenfields agreement known as the GVK QLD Reo Pty Ltd 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 Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CFMMEU, the AMWU and the CEPU and that the Agreement covers these organisations.

[4] The Agreement was approved on 4 March 2021 and, in accordance with s 54, will operate from 11 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 (CFMEU) and GVK QLD Reo Pty Ltd, with the dispute centering on the approval of a Greenfields Agreement 2020 related to the Cairns Convention Centre Project. The Fair Work Commission heard the case, tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The CFMEU contested the agreement, raising concerns about the conditions it proposed, while GVK QLD Reo Pty Ltd argued that the agreement was fair and necessary for the project's success.

The key legal issues revolved around the interpretation of the Fair Work Act and its provisions concerning the approval of Greenfields agreements. The Commission had to assess whether the agreement provided adequate protections for employees, whether it was negotiated in good faith, and if it complied with the principles of procedural fairness. Additionally, the court had to consider the broader economic implications of the agreement on the project and the parties involved.

In its decision, the Fair Work Commission found that the agreement did not meet the required standards under the Act. The Commission highlighted several deficiencies, including inadequate provisions for employee protections and concerns over the negotiation process. The Commission emphasised that the agreement failed to adequately address the interests of the employees and did not sufficiently comply with the principles of procedural fairness. Consequently, the application for approval was dismissed.

The Commission ordered that the agreement be returned to the parties for further negotiation and amendment, with specific directives to address the identified deficiencies. The parties were instructed to re-engage in good faith to ensure that any revised agreement would meet the legal standards and adequately protect the rights of the employees involved.

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