DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3130)

BARRETT GROUP PTY LTD T/AS BARRETT SHOPFITTING PTY LTD CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 OCTOBER 2020

Application for approval of the Barrett Group Pty Ltd T/As Barrett Shopfitting Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Barrett Group Pty Ltd T/As Barrett Shopfitting Pty Ltd Cairns Convention Centre Project 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] 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 of the Act, will operate from 4 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 case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) who applied to the Fair Work Commission (FWC) for the approval of an agreement between Barrett Group Pty Ltd and its employees. The agreement, titled the "Barrett Shopfitting Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020", was aimed at setting the terms and conditions of employment for workers involved in the Cairns Convention Centre Project. The CFMEU sought to have the agreement approved as a Registered Agreement under the Fair Work Act 2009, which would make it legally binding on the parties involved.

The primary legal issue before the FWC was whether the agreement met the requirements for approval as a Registered Agreement. This involved determining if the agreement contained all the prescribed minimum terms and conditions as outlined in the Fair Work Act 2009, and whether it had been made in good faith and without any coercion. Additionally, the FWC needed to assess whether the agreement was in the best interests of the employees and the employer, and if it provided for a fair and reasonable resolution of any potential disputes between the parties.

The FWC, after examining the details of the agreement and the submissions from both the CFMEU and Barrett Group, found that the agreement did indeed meet all the statutory requirements for approval. The FWC was satisfied that the agreement contained all the prescribed minimum terms and conditions, and that it had been made in good faith and without any coercion. The FWC also concluded that the agreement was in the best interests of both the employees and the employer, and that it provided for a fair and reasonable resolution of any potential disputes between the parties. Consequently, the FWC approved the Barrett Shopfitting Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020 as a Registered Agreement under the Fair Work Act 2009.

The final orders of the FWC included the approval of the agreement as a Registered Agreement, which would make it legally binding on the parties involved. This decision would provide certainty and stability to the employment relationship between Barrett Group Pty Ltd and its employees, as well as ensuring that the workers would be covered by a fair and reasonable agreement. The approval of the agreement also provided the CFMEU with a recognised bargaining agent, enabling it to effectively represent the interests of the employees in any future negotiations or disputes.

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