DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2382)

GM & PM BERRILL T/AS ACCU-CUT CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 AUGUST 2020

Application for approval of the GM & PM Berrill T/As Accu-Cut Cairns Convention Centre Project Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the GM & PM Berrill T/As Accu-Cut 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 31 August 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 an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the GM & PM Berrill T/As Accu-Cut Cairns Convention Centre Project Greenfields Agreement 2020. The matter was heard in the Fair Work Commission (FWC), which is the primary federal workplace relations tribunal in Australia. The CFMEU sought approval of the agreement, which aimed to establish terms and conditions of employment for workers involved in the construction of the Cairns Convention Centre project.

The legal issues that arose in this case centred around the validity and enforceability of the proposed Greenfields Agreement. The FWC had to determine whether the agreement complied with the requirements of the Fair Work Act 2009 (Cth), including whether it met the criteria for a valid enterprise agreement under the Act. The key considerations included the proper representation of the parties, the scope of the agreement, and whether the agreement provided for fair and reasonable terms and conditions for the employees.

In its decision, the FWC examined the evidence and arguments presented by the parties. The Commission concluded that the application met the necessary criteria for approval. The agreement was found to be properly negotiated and represented the interests of the employees effectively. The terms and conditions proposed in the agreement were deemed to be fair and reasonable, taking into account the nature of the work and the industry standards. Consequently, the FWC approved the GM & PM Berrill T/As Accu-Cut Cairns Convention Centre Project Greenfields Agreement 2020, thereby resolving the dispute in favour of the applicant.

The FWC's decision provided finality to the matter, and the approved agreement is now in effect. The CFMEU's application for approval of the proposed agreement was successful, ensuring that the workers involved in the Cairns Convention Centre project would be covered by a fair and reasonable enterprise 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