DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2408)

THE TRUSTEE FOR CLEMENTS-MARKHAM FAMILY TRUST T/AS HEATH'S EXCAVATIONS CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 AUGUST 2020

Application for approval of The trustee for Clements-Markham Family Trust T/As Heath's Excavations Cairns Convention Centre Project Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as The trustee for Clements-Markham Family Trust T/As Heath’s Excavations 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 1 September 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 applicant, The trustee for Clements-Markham Family Trust T/As Heath's Excavations, sought approval for the Greenfields Agreement 2020 under the Fair Work Act 2009. The dispute involved the applicant's desire to establish a multi-employer agreement that would standardise terms and conditions across the construction, forestry, maritime, mining, and energy sectors in Queensland. The application was brought before the Fair Work Commission, where the primary issue was whether the proposed agreement met the requirements set out in the Fair Work Act 2009.

The legal issues centred around the appropriateness of the proposed agreement as a multi-employer agreement, whether it would provide improved terms and conditions for employees, and if it would facilitate better workplace relations. The Commission had to determine whether the agreement would operate in a manner that was consistent with the objectives of the Fair Work Act 2009, specifically in promoting higher wages and better working conditions. The applicant argued that the agreement would offer better terms and conditions than existing awards, while opponents contended that the agreement would undermine existing industrial relations protections.

The Fair Work Commission found that the proposed agreement did meet the statutory criteria for a multi-employer agreement. The Commission considered the evidence presented by the applicant regarding the benefits of the agreement, including improved wages and working conditions. The Commission also acknowledged the potential for the agreement to enhance workplace relations by providing a standardised set of terms and conditions across multiple industries. The Commission concluded that the agreement would operate in a manner that was consistent with the objectives of the Fair Work Act 2009, and approved the application.

The Fair Work Commission approved the Greenfields Agreement 2020, subject to certain conditions and modifications. The Commission ordered that the agreement would be registered as a multi-employer agreement, effective from the date of the decision. The Commission also imposed conditions on the agreement, including a requirement for ongoing consultation between the parties and a review mechanism to ensure that the agreement continued to meet the objectives of the Fair Work Act 2009. The decision represents an important step towards improving workplace relations and terms and conditions for employees in multiple industries.

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