DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3253)

DELTA PTY LTD CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 10 NOVEMBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Delta 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). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[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.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 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

The matter before the court involved an application by Delta Pty Ltd to approve the Delta Cairns Convention Centre Project Greenfields Agreement 2020. The Construction, Forestry, Maritime, Mining and Energy Union contested the approval, raising objections based on potential adverse impacts on the rights and conditions of employment of union members. The application was heard in the Fair Work Commission, which holds jurisdiction over such disputes under the Fair Work Act 2009.

The legal issues at hand centred on the interpretation and application of the statutory provisions governing the approval of enterprise agreements. Specifically, the court needed to determine whether the proposed agreement complied with the requirements set out in the Fair Work Act, particularly concerning the protection of employee rights and conditions. The Union argued that the agreement failed to adequately protect the rights of its members, while Delta Pty Ltd contended that the agreement was fair and reasonable in all respects.

The Commission carefully examined the contents of the proposed agreement against the legislative framework. It assessed whether the agreement provided for the protection of employee rights, including minimum rates of pay, leave entitlements, and other conditions of employment. The court also considered submissions from both parties and relevant precedents. Ultimately, the Commission found that the agreement did not adequately protect the rights and conditions of the union members, leading to the rejection of the application for approval.

As a result of the court's determination, the application for approval of the Delta Cairns Convention Centre Project Greenfields Agreement 2020 was dismissed. The Commission held that the agreement did not meet the statutory requirements for approval, and consequently, it could not be registered under the Fair Work Act.

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