DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3155)

THE TRUSTEE FOR DUNLEA FAMILY TRUST T/AS ONLY FLOORS CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 NOVEMBER 2020

Application for approval of The Trustee for Dunlea Family Trust T/As Only Floors Cairns Convention Centre Project Greenfields Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for Dunlea Family Trust T/As Only Floors 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 12 November 2020. 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 (CFMEU) applied to the Fair Work Commission for approval of a Greenfields Agreement between The Trustee for the Dunlea Family Trust and the union, relating to the Cairns Convention Centre Project. The CFMEU sought to have the agreement approved in accordance with section 235 of the Fair Work Act 2009. The dispute centred on whether the agreement was a genuine enterprise agreement, as required by the legislation.

The legal issues before the Commission were whether the agreement was negotiated in good faith, covered the necessary employees, and was genuinely an enterprise agreement. The Commission examined the negotiation process, the content of the agreement, and whether it met the statutory criteria for approval. The CFMEU argued that the agreement was a genuine enterprise agreement, while the trustee contested the validity of the negotiation process and the coverage of the agreement.

The Fair Work Commission found that the agreement was genuinely an enterprise agreement. It concluded that the negotiation process was conducted in good faith, the agreement covered the necessary employees, and the content of the agreement was appropriate. The Commission noted the efforts made by both parties to reach a resolution and the comprehensive nature of the agreement, which addressed various aspects of employment conditions. The trustee's objections were largely dismissed, and the agreement was approved under section 235 of the Fair Work Act 2009.

The Commission's final order was the approval of the Greenfields Agreement between The Trustee for the Dunlea Family Trust and the CFMEU, effective from 1 July 2020. The agreement was to apply to the employees involved in the Cairns Convention Centre Project and would govern their employment conditions as stipulated. The decision underscored the importance of genuine negotiation and comprehensive coverage in enterprise agreements.

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