DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/397)

MICK NEWPORT CONTRACTING PTY LTD CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 MARCH 2021

Application for approval of the Mick Newport Contracting Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Mick Newport Contracting Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020 (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 10 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 Construction, Forestry, Maritime, Mining and Energy Union filed an application for approval of the Mick Newport Contracting Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020 in the Fair Work Commission. The agreement proposed to govern the employment terms of workers engaged by Mick Newport Contracting Pty Ltd for a specific project. The union sought to ensure that the agreement complied with the relevant industrial laws and protected the rights of the employees.

The primary legal issues before the commission were whether the proposed agreement was a "greenfields" agreement under the Fair Work Act 2009 and whether it met the necessary requirements for approval. Specifically, the commission needed to determine if the agreement provided for the terms and conditions of employment for the project, and if it included provisions that were reasonably necessary to facilitate the project and ensure fair and efficient operations.

The Fair Work Commission determined that the proposed agreement was indeed a "greenfields" agreement, as it was intended to establish the terms and conditions of employment for a new project. The commission also found that the agreement met the necessary requirements for approval, as it contained provisions that were reasonably necessary to facilitate the project and ensure fair and efficient operations. The agreement provided for a range of terms and conditions, including wages, hours of work, and dispute resolution mechanisms, which the commission found to be fair and reasonable.

As a result, the Fair Work Commission approved the Mick Newport Contracting Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020, subject to certain conditions and modifications. The union's application for approval was successful, and the agreement is now in effect, governing the employment terms of workers engaged by Mick Newport Contracting Pty Ltd for the specified project.

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