DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3348)

QUEENSLAND GLASS PTY LTD CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 18 NOVEMBER 2020

Application for approval of the Queensland Glass Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Queensland Glass Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020 (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 25 November 2020. The nominal expiry date of the Agreement is 2 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the approval of the Queensland Glass Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020, the Fair Work Commission was tasked with deciding whether the proposed agreement met the necessary criteria for registration under the Fair Work Act 2009. The applicant, Queensland Glass Pty Ltd, sought the approval of a Greenfields Agreement which aimed to establish a new convention centre project in Cairns, and the Construction, Forestry, Maritime, Mining and Energy Union was the principal union involved in negotiating the agreement. The dispute centred on the adequacy and fairness of the proposed agreement in terms of its compliance with the legislative requirements and the protection of employees' rights.

The primary legal issues before the Commission included whether the agreement adequately protected the rights and interests of employees, whether it satisfied the criteria for approval under section 233 of the Fair Work Act, and whether the agreement had been genuinely negotiated. The Commission also needed to consider whether the agreement appropriately balanced the interests of both the employer and employees, particularly in light of the unique circumstances of a Greenfields project.

After thorough examination of the proposed agreement, the Commission found that the agreement was fair and reasonable, meeting the necessary legislative requirements. The Commission was satisfied that the agreement had been genuinely negotiated and appropriately protected the rights and interests of employees, taking into account the specific context of a new project. Furthermore, the Commission was convinced that the balance struck by the agreement between the interests of the employer and employees was fair and reasonable. Consequently, the Commission approved the application for the registration of the agreement.

As a result of the decision, the Queensland Glass Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020 was approved and registered under the Fair Work Act 2009, effective from the date of the Commission's decision. This approval allows the agreement to govern the employment conditions of workers involved in the project, ensuring that both parties' rights and interests are protected.

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