DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1633)

FREO GROUP PTY LTD AND CFMEU (WA) (1 THE ESPLANADE PROJECT, ELIZABETH QUAY & CAPITAL SQUARE) GREENFIELDS AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 JUNE 2020

Application for approval of the Freo Group Pty Ltd and CFMEU (WA) (1 The Esplanade Project, Elizabeth Quay & Capital Square) Greenfields Agreement 2019.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of a greenfields agreement known as the Freo Group Pty Ltd and CFMEU (WA) (1 The Esplanade Project, Elizabeth Quay & Capital Square) Greenfields Agreement 2019 (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 3 July 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of the Freo Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (WA) (CFMEU) concerning the Greenfields Agreement 2019. This agreement related to the 1 The Esplanade Project, Elizabeth Quay and Capital Square developments. The court was tasked with determining whether the agreement was consistent with the relevant provisions of the Fair Work Act 2009.

The central legal issue before the court was whether the terms and conditions outlined in the Greenfields Agreement 2019 were in compliance with the legislative framework established by the Fair Work Act 2009. The court had to examine the provisions of the agreement in light of the statutory requirements for enterprise agreements, including whether they met the 'better off overall test' and did not contain any prohibited content. The court also considered whether the agreement was fairly negotiated and whether it adhered to the procedural requirements set out in the Act.

In delivering its judgment, the court meticulously analysed the terms of the agreement and compared them with the statutory provisions. The court found that the agreement was consistent with the requirements of the Fair Work Act 2009. It was determined that the agreement was fairly negotiated, met the 'better off overall test', and did not contain any prohibited content. The court concluded that all procedural requirements had been met and that the agreement was valid under the Act. Consequently, the court approved the application for the Greenfields Agreement 2019.

The final orders of the court were that the application for approval of the Greenfields Agreement 2019 between Freo Group Pty Ltd and the CFMEU (WA) be approved and that the agreement be registered as a registered agreement under the Fair Work Act 2009.

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