DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1596)

GHR CONSOLIDATED PTY LTD CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 JUNE 2020

Application for approval of the GHR Consolidated Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the GHR Consolidated 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(2) 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 30 June 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the GHR Consolidated Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020. The agreement aimed to establish a framework for the construction of a convention centre in Cairns, focusing on employment terms and conditions for workers involved in the project. The union sought to ensure fair and equitable terms for its members employed by GHR Consolidated.

The primary legal issues before the Commission involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was genuinely bargained, met the better-off-overall test, and did not contravene any provisions of the Act. Additionally, the Commission considered whether the agreement appropriately addressed the needs and interests of the workers involved.

After a thorough examination of the agreement and submissions from both parties, the Commission found that the agreement met the necessary statutory requirements. It was determined that the agreement had been genuinely negotiated between the parties, was in the best interests of the employees, and did not contravene any provisions of the Act. The Commission approved the agreement, highlighting its potential to provide fair and beneficial terms for the workers involved in the construction project.

As a result, the Commission issued an order approving the GHR Consolidated Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020. This approval means that the agreement can now be implemented, providing a framework for the employment terms and conditions of workers engaged in the construction of the convention centre in Cairns.

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