DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1551)

NORTH WEST COMMERCIAL INDUSTRIES (QLD) PTY LTD CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 JUNE 2020

Application for approval of the North West Commercial Industries (Qld) Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the North West Commercial Industries (Qld) 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 24 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 case before the court, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for the North West Commercial Industries (Qld) Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020. The primary dispute revolved around the terms of the agreement and its implications for the employees involved in the project. The matter was heard in the Fair Work Commission, which was tasked with determining whether the agreement provided fair and just terms for the employees.

The legal issues before the court included whether the proposed agreement provided fair and just terms for the employees and if the process for reaching the agreement was lawful and in compliance with the relevant legislation. The court had to examine the specific provisions of the agreement, the consultation process undertaken by the employer, and whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The court also needed to consider whether the agreement appropriately balanced the interests of the employer and the employees.

The Fair Work Commission found that the proposed agreement did provide fair and just terms for the employees. The court highlighted that the agreement was the result of a fair and thorough consultation process that adequately considered the interests of all parties involved. The commission determined that the agreement met the statutory requirements and appropriately balanced the rights and interests of both the employer and the employees. Consequently, the court approved the agreement, finding that it was fair and just, and in compliance with the relevant legislation. The final orders of the court were to approve the North West Commercial Industries (Qld) Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020.

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