DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3442)

CUBIC INTERIORS WESTERN AUSTRALIA PTY LTD AND CFMEU (WA) (ELIZABETH QUAY & CAPITAL SQUARE) GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 DECEMBER 2020

Application for approval of the Cubic Interiors Western Australia Pty Ltd and CFMEU (WA) (Elizabeth Quay & Capital Square) Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Cubic Interiors Western Australia Pty Ltd and CFMEU (WA) (Elizabeth Quay & Capital Square) 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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2020. The nominal expiry date of the Agreement is 2 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Cubic Interiors Western Australia Pty Ltd. The dispute centred around the approval of the Cubic Interiors Western Australia Pty Ltd and CFMEU (WA) (Elizabeth Quay & Capital Square) Greenfields Agreement 2020, which was lodged with the Fair Work Commission. The matter was heard in the Federal Court of Australia.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to its fairness and compliance with the Act's provisions. The court had to consider whether the agreement was genuinely bargained, if it contained adequate protections for employees, and if it complied with relevant sections of the Act.

In its reasoning, the court found that the agreement did not meet the requirements of the Fair Work Act 2009. The court identified several deficiencies, including a lack of genuine bargaining between the parties, insufficient protections for employees, and non-compliance with specific provisions of the Act. Consequently, the court declined to approve the agreement.

The final orders of the court were that the application for approval of the Cubic Interiors Western Australia Pty Ltd and CFMEU (WA) (Elizabeth Quay & Capital Square) Greenfields Agreement 2020 be dismissed. The court's decision was based on the conclusion that the agreement did not meet the statutory requirements for approval under the Fair Work Act 2009.

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