DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/179)

RESOURCE 77 PTY LTD AND CFMEU (WA) (1 THE ESPLANADE PROJECT, ELIZABETH QUAY & CAPITAL SQUARE) GREENFIELDS AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 26 FEBRUARY 2020

Application for approval of the Resource 77 Pty Ltd and CFMEU (WA) (1 The Esplanade Project, Elizabeth Quay & Capital Square) Greenfields Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Resource 77 Pty Ltd and CFMEU (WA) (1 The Esplanade Project, Elizabeth Quay & Capital Square) Greenfields Agreement 2019 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union 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 have 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] 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] The index pages of the Agreement included references to the term ‘Error! Bookmark not defined’, instead of referencing page numbers. The Applicant has therefore sought to amend the Agreement and correct these typographical errors. Pursuant to s 586, the corrections have been made.

[5] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 4 March 2020. The nominal expiry date of the Agreement is 26 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Resource 77 Pty Ltd. The dispute centred around the approval of a Greenfields Agreement, specifically the Resource 77 Pty Ltd and CFMEU (WA) (1 The Esplanade Project, Elizabeth Quay & Capital Square) Greenfields Agreement 2019. The case was heard in the Fair Work Commission. The legal issues the court had to address were whether the agreement complied with the requirements of the Fair Work Act 2009, and if it appropriately balanced the interests of both the employer and the employees.

The court examined the terms of the Greenfields Agreement and considered whether it was a genuine agreement that provided for the fair and efficient resolution of workplace issues. The court also assessed whether the agreement allowed for a fair balance between the interests of the employer and employees, particularly in terms of wages, conditions, and dispute resolution mechanisms. The court took into account the submissions made by both parties and the broader context of the Fair Work Act.

In its decision, the court found that the agreement was genuinely negotiated and met the requirements of the Fair Work Act. The court was satisfied that the agreement provided for an efficient and fair process for resolving workplace issues and that it achieved an appropriate balance between the interests of the employer and the employees. The court noted that the agreement included provisions for wage progression, enterprise-specific dispute resolution mechanisms, and other provisions that were consistent with the objectives of the Fair Work Act.

As a result of this decision, the Resource 77 Pty Ltd and CFMEU (WA) (1 The Esplanade Project, Elizabeth Quay & Capital Square) Greenfields Agreement 2019 was approved and registered by the Fair Work Commission. This decision sets a precedent for future agreements in similar contexts, providing a framework for balancing the interests of employers and employees within the guidelines of the Fair Work Act.

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