DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2315)

TOTAL REO CIVIL PTY LTD AND CFMEU (WA) (ELIZABETH QUAY & CAPITAL SQUARE) GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 AUGUST 2020

Application for approval of the Total Reo Civil Pty Ltd and CFMEU (WA) (Elizabeth Quay & Capital Square) Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Total Reo Civil Pty Ltd and CFMEU (WA) (Elizabeth Quay & Capital Square) Greenfields Agreement 2020 (the Agreement). The application was made by 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 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 of the Act, will operate from 28 August 2020. The nominal expiry date of the Agreement is 20 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Total Reo Civil Pty Ltd. The nature of the dispute was the approval of the Total Reo Civil Pty Ltd and CFMEU (WA) (Elizabeth Quay & Capital Square) Greenfields Agreement 2020. The case was heard in the Fair Work Commission.

The primary legal issue was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement was a "good faith" agreement and whether it provided for genuine terms and conditions of employment. The court also considered whether the agreement complied with the "better off overall test" and whether it contained provisions that were contrary to public policy.

In its decision, the Fair Work Commission found that the agreement was a good faith agreement and met the requirements for approval under the Act. The Commission held that the agreement provided for genuine terms and conditions of employment and complied with the "better off overall test." The Commission also found that the agreement did not contain any provisions that were contrary to public policy. The Commission approved the agreement, subject to certain modifications.

The Fair Work Commission's decision provides guidance on the requirements for approving enterprise agreements under the Fair Work Act. The decision highlights the importance of ensuring that agreements are genuinely negotiated in good faith and that they provide for fair and reasonable terms and conditions of employment. The decision also confirms that agreements must comply with the "better off overall test" and that any provisions that are contrary to public policy will not be approved.

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