DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2003)

WEST COAST PUMPING SERVICES PTY LTD AND CFMEU (WA) (1 THE ESPLANADE PROJECT, ELIZABETH QUAY & CAPITAL SQUARE) GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 JULY 2020

Application for approval of the West Coast Pumping Services Pty Ltd and CFMEU (WA) (1 The Esplanade Project, Elizabeth Quay & Capital Square) Greenfields Agreement 2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of a greenfields agreement known as the West Coast Pumping Services Pty Ltd and CFMEU (WA) (1 The Esplanade Project, Elizabeth Quay & Capital Square) Greenfields Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 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 has 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] I note that pursuant to s 53(2)(b) of the Act, 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 July 2020. The nominal expiry date of the Agreement is 21 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought approval of an agreement with West Coast Pumping Services Pty Ltd, relating to the 1 The Esplanade Project, Elizabeth Quay & Capital Square. The dispute came before the Fair Work Commission, where the primary issue was whether the agreement was in the best interests of the employees involved. This hinged on the question of whether the agreement adequately protected employees' rights and interests in the context of the proposed project.

The Commission examined the terms of the proposed agreement, focusing on whether they provided fair and reasonable protections for employees. It considered the balance of rights and obligations between the parties and the implications for employee welfare. The Commission also assessed the impact of the agreement on the broader workforce, particularly in relation to job security and working conditions. It found that the agreement did provide fair and reasonable protections for employees, including provisions for redundancy, job security, and dispute resolution mechanisms.

In light of these findings, the Commission approved the agreement, concluding that it was in the best interests of the employees. The Commission emphasised the importance of the protections provided and the benefits for the workforce, including enhanced job security and improved working conditions. The Commission's decision was based on a detailed analysis of the agreement's terms and their implications for the employees involved. The final orders included the approval of the agreement, with specific conditions to ensure ongoing compliance and protection of employee interests.

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