DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3057)

USHER AND SON COMMERCIAL COATINGS 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 Usher and Son Commercial Coatings Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Usher and Son Commercial Coatings 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

The case involves the Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of its members, who sought approval of the Usher and Son Commercial Coatings Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020. The agreement was aimed at addressing specific employment conditions and terms for workers involved in the project. The matter was brought before the Fair Work Commission, Australia's industrial relations tribunal. The union argued that the proposed agreement would provide necessary protections and benefits to its members, while the employer contended that the agreement was necessary for the project's timely completion and economic viability.

The central legal issues before the Commission were whether the agreement met the criteria for being a Greenfields Agreement under the Fair Work Act 2009, and whether it provided a better outcome for the workers than the applicable award or existing enterprise agreement. Additionally, the Commission had to consider whether the agreement promoted productivity, efficiency, and adaptability in the workplace, as required by the Act.

In its decision, the Fair Work Commission found that the Usher and Son Commercial Coatings Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020 did meet the statutory criteria for being a Greenfields Agreement. The Commission concluded that the agreement provided a better outcome for the workers, taking into account the specific circumstances of the project, and that it promoted productivity, efficiency, and adaptability. The Commission highlighted that the agreement included provisions for job security, wage increases, and improved working conditions, which were considered to be significant improvements over the applicable award. The Commission also noted that the agreement had been negotiated in good faith, and that it had received support from both parties involved.

As a result of the decision, the Fair Work Commission approved the Usher and Son Commercial Coatings Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020, and it will now apply to the workers involved in the project. The agreement will remain in force for the duration of the project, after which it will be superseded by any applicable award or enterprise agreement. The Commission's decision underscores the importance of the Greenfields Agreement provisions in promoting fair and sustainable employment outcomes in the Australian workplace.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established