DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2789)

REDS GLOBAL (ACT OPERATIONS) PTY LTD AND CFMEU CRANE SECTOR ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 1 OCTOBER 2020

Application for approval of the Reds Global (ACT Operations) Pty Ltd and CFMEU Crane Sector Enterprise Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Reds Global (ACT Operations) Pty Ltd and CFMEU Crane Sector Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, I am satisfied that 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 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(1) of the Act, will operate from 8 October 2020. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of its members, applied for the approval of a specific enterprise agreement with Reds Global (ACT Operations) Pty Ltd. This application was brought before the Fair Work Commission, which holds the authority to approve and register such agreements under the Fair Work Act 2009. The agreement in question was the Reds Global (ACT Operations) Pty Ltd and CFMEU Crane Sector Enterprise Agreement 2020. The dispute centred around whether the agreement met the necessary legal criteria for approval, including the procedural correctness of the agreement and its compliance with relevant industrial laws.

The central legal issues before the court involved verifying if the agreement was made in good faith, if it was free from any improper influence or coercion, and if it contained all the necessary details as required by the Fair Work Act. Furthermore, the court had to determine whether the agreement was procedurally sound, including if the necessary consultations and disclosures were properly conducted, and if the agreement provided fair and reasonable terms for the employees involved. The court also had to consider whether the agreement met the requirements of the Better Off Overall Test, ensuring that employees were not worse off under the new agreement compared to their previous conditions.

In its reasoning, the court thoroughly examined the evidence provided by both parties, assessing the negotiation process, the content of the agreement, and its implications for the employees. The court found that the agreement was made in good faith, without any evidence of improper influence or coercion. The court also determined that all necessary procedural steps were followed, including proper consultation and disclosure. The court further concluded that the agreement contained all the required details and met the Better Off Overall Test, ensuring that employees were not disadvantaged by the new terms. Based on these findings, the court approved the Reds Global (ACT Operations) Pty Ltd and CFMEU Crane Sector Enterprise Agreement 2020, recognising it as a fair and reasonable agreement for the employees.

The final orders of the court mandated the registration of the approved enterprise agreement with the Fair Work Commission, making it legally binding on both the employer and the employees. The court's decision provided clarity and certainty for both parties, allowing the agreement to take effect and govern the employment terms between Reds Global (ACT Operations) Pty Ltd and the union's members. This outcome facilitated a harmonious working relationship and ensured that the employees' rights and conditions were protected under the approved agreement.

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