DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/181)

NCOMPASS PTY LTD / CFMEU SOUTH AUSTRALIA GREENFIELDS AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 12 FEBRUARY 2021

Application for approval of the NCompass Pty Ltd / CFMEU South Australia Greenfields Agreement 2021.

[1] An application has been made for approval of a greenfields agreement known as the NCompass Pty Ltd / CFMEU South Australia Greenfields Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, 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(1) of the Act, will operate from 19 February 2021. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application by NCompass Pty Ltd for approval of the NCompass Pty Ltd / CFMEU South Australia Greenfields Agreement 2021, the Fair Work Commission was called upon to determine whether the agreement met the requirements of the Fair Work Act 2009. The applicant, NCompass Pty Ltd, sought approval of the agreement to ensure compliance with the relevant industrial relations legislation.

The central legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it was appropriately certified, and whether it complied with the procedural and substantive requirements of the Fair Work Act. The Commission had to examine the process through which the agreement was negotiated, the manner in which the certification was obtained, and the terms of the agreement to ensure they aligned with the statutory provisions.

The Commission reviewed the evidence presented regarding the negotiation and certification processes. It found that the agreement was genuinely negotiated and certified in accordance with the Fair Work Act. The terms of the agreement were also scrutinised to ensure they were not contrary to public policy or otherwise invalid. The Commission determined that the agreement met all the necessary criteria and approved it accordingly.

The Fair Work Commission approved the NCompass Pty Ltd / CFMEU South Australia Greenfields Agreement 2021, thereby enabling it to take effect from the specified commencement date. This decision validated the agreement as a legally binding enterprise agreement between the parties 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