DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3054)

INTERGLAZE PTY LTD CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 OCTOBER 2020

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

[1] An application has been made for approval of a greenfields agreement known as the Interglaze 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 28 October 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

In this case, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of the Interglaze Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020. The Agreement was the outcome of negotiations between the Union and Interglaze Pty Ltd, and it related to the construction of a new convention centre in Cairns. The Union argued that the Agreement would provide for the fair and reasonable employment terms for its members involved in the project, while Interglaze Pty Ltd opposed the approval of the Agreement. The case was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the Agreement provided for the fair and reasonable employment terms for the employees involved in the project. The Commission had to consider the principles of the Fair Work Act 2009 and the evidence presented by both parties. The Union argued that the Agreement provided for a fair and reasonable outcome for its members, while Interglaze Pty Ltd contended that the Agreement was not in the best interests of the employees or the project.

The Commission found that the Agreement provided for fair and reasonable employment terms for the employees involved in the project. The Commission noted that the Agreement provided for a fair and reasonable wage increase, improved working conditions, and a mechanism for resolving disputes. The Commission also considered the evidence presented by both parties and concluded that the Agreement was in the best interests of the employees and the project. As a result, the Commission approved the Agreement.

The Fair Work Commission approved the Interglaze Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020. The Union's application for approval of the Agreement was successful, and the Agreement will now be in effect for the construction of the new convention centre in Cairns. The Commission's decision provides clarity and certainty for both the Union and Interglaze Pty Ltd, and it ensures that the employees involved in the project will receive fair and reasonable employment terms.

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