DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1552)

CAVA SCAFFOLD SOLUTIONS PTY LTD CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 JUNE 2020

Application for approval of the Cava Scaffold Solutions Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Cava Scaffold Solutions 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 25 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

The applicant, the Construction, Forestry, Maritime, Mining and Energy Union, sought approval of an agreement between Cava Scaffold Solutions Pty Ltd and its employees, as part of a project to construct the Cairns Convention Centre. The agreement, titled the Greenfields Agreement 2020, was intended to regulate the terms and conditions of employment for the workers involved in the project. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement provided for the fair and efficient regulation of the employment relationship. This involved assessing whether the agreement met the criteria for being a modern award or an enterprise agreement, as outlined in the Fair Work Act. The Commission also had to consider whether the agreement would provide better outcomes for the employees, such as improved wages and conditions, and whether it was consistent with the broader objectives of the Fair Work Act, including promoting harmonious, productive and cooperative workplace relations.

In reaching its decision, the Commission examined the content of the agreement and considered submissions from both the applicant and other interested parties. The Commission found that the proposed agreement provided for the fair and efficient regulation of the employment relationship, as it included provisions for minimum wages, leave entitlements, and other terms and conditions of employment. The Commission was also satisfied that the agreement would provide better outcomes for the employees, such as improved wages and conditions. The Commission concluded that the agreement was consistent with the broader objectives of the Fair Work Act, and approved the agreement in accordance with section 232 of the Fair Work Act.

The Commission approved the Greenfields Agreement 2020, effective from 1 July 2020. The agreement will apply to the workers involved in the Cairns Convention Centre project, and will regulate their terms and conditions of employment. The approval of the agreement is subject to certain conditions, including the requirement that the applicant provide a copy of the agreement to the Fair Work Ombudsman within five business days of the decision.

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