DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1233)

PLACECORP (AUSTRALIA) PTY LTD AND CFMEU CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 MAY 2020

Application for approval of the Placecorp (Australia) Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2019 - 2022.

[1] Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of a greenfields agreement known as the Placecorp (Australia) Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2019 - 2022 (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 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 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 20 May 2020. The nominal expiry date of the Agreement is 2 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought approval of a collective agreement with Placecorp (Australia) Pty Ltd under the Fair Work Act 2009. The Fair Work Commission (FWC) heard the matter, assessing whether the agreement met the requirements of section 233 of the Act, which mandates that an agreement be in the best interests of the employees it covers. The primary contention was whether the proposed agreement's terms and conditions were fair and reasonable, considering the employees' welfare and the broader employment landscape.

The legal issues before the Commission centred on whether the agreement complied with the statutory criteria for approval. This involved scrutinising the fairness of the agreement's terms and ensuring that it did not adversely affect employees' rights or working conditions. Additionally, the Commission examined whether the agreement contained all necessary provisions as required by the Fair Work Act, including minimum entitlements and protections.

The Commission determined that the proposed agreement met the statutory requirements for approval. It concluded that the agreement was fair and reasonable, offering benefits that were in the best interests of the employees. The Commission noted the parties' extensive negotiations and the agreement's alignment with broader industry standards. It found that the agreement provided adequate protections and benefits, thus fulfilling the criteria under section 233 of the Fair Work Act.

The Commission approved the agreement, finding it met all necessary legal standards and was beneficial for the employees involved. This decision allows the collective agreement to proceed, ensuring that employees under the agreement are covered by fair and reasonable terms and conditions.

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