DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1605)

THE TRUSTEE FOR SCH TRUST T/AS SMITHY'S CRANE HIRE PTY LTD CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 JULY 2020

Application for approval of The Trustee for SCH Trust T/As Smithy's Crane Hire Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Trustee for SCH Trust T/As Smithy’s Crane Hire Pty Ltd 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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2020. The nominal expiry date of the Agreement is 2 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the trustee for the SCH Trust trading as Smithy's Crane Hire Pty Ltd for approval of the Cairns Convention Centre Project Greenfields Agreement 2020. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it contained genuine enterprise bargaining, was free from coercion and undue influence, and satisfied other relevant legislative requirements. The Commission was tasked with determining the validity and fairness of the proposed agreement.

The legal issues before the Commission included whether the agreement was genuinely negotiated and reflected a fair and reasonable outcome for the employees, whether the negotiation process was free from coercion and undue influence, and whether the agreement complied with all relevant provisions of the Fair Work Act. Additionally, the Commission had to consider the impact of the agreement on the employees' rights and entitlements and whether the agreement was in the best interests of the employees.

After reviewing the evidence and submissions, the Fair Work Commission found that the Cairns Convention Centre Project Greenfields Agreement 2020 was genuinely negotiated and reflected a fair and reasonable outcome for the employees. The Commission was satisfied that the negotiation process was free from coercion and undue influence and that the agreement complied with all relevant provisions of the Fair Work Act. The Commission also found that the agreement was in the best interests of the employees and would not have an adverse effect on their rights and entitlements.

The Commission approved the Cairns Convention Centre Project Greenfields Agreement 2020, subject to certain conditions and modifications to ensure that it remained fair and reasonable for the employees. The Commission ordered that the agreement be registered with the Fair Work Commission and that it would come into effect on the date of registration. The decision provides guidance on the requirements for approving enterprise agreements under the Fair Work Act and the importance of ensuring that such agreements are genuinely negotiated and in the best interests of the employees.

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