DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/272)

SRG GLOBAL CASC 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 SRG Global CASC 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 SRG Global CASC 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union, acting as an authorised union, applied for approval of the SRG Global CASC Pty Ltd and CFMEU (WA) Greenfields Agreement 2019. The application was made under section 234 of the Fair Work Act 2009, seeking the agreement be made a registered agreement, thereby exempt from the requirements of the Act that employees be directly involved in the negotiation of their own terms and conditions of employment. The legal issues before the Commission were whether the application met the criteria for approval and whether the agreement was in the public interest.

The Commission found that the application met the criteria for approval. The union had a sufficient connection with the employees and had followed the prescribed process in seeking approval. The agreement provided for minimum terms and conditions that were no less favourable than the National Electricity Agreement 2018 and the National Construction Award, and the Commission was satisfied that it was in the public interest. The agreement included provisions for the protection of employees' rights, such as provisions for redundancy pay and the ability for employees to transfer to another employer under the agreement. The Commission approved the application and the agreement was registered.

The Commission made orders approving the application and registering the agreement. The agreement was to be registered on the Register of Approved Agreements and would be deemed to be in force from the date of registration. The agreement would be binding on all employees covered by the agreement and on the employer. The Commission also made orders for the publication of the agreement and for the parties to provide a copy of the agreement to the Commission within a specified period. The decision provides clarity on the criteria for approval of an agreement under section 234 of the Fair Work Act 2009 and the public interest considerations that apply.

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