DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3363)

PROJECT SITE SERVICES PTY LTD AND CFMEU (WA) (ELIZABETH QUAY AND CAPITAL SQUARE) GREENFIELDS AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 17 SEPTEMBER 2019

Application for approval of the Project Site Services Pty Ltd and CFMEU (WA) (Elizabeth Quay & Capital Square) Greenfields Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Project Site Services Pty Ltd and CFMEU (WA) (Elizabeth Quay & Capital Square) Greenfields Agreement 2019 (Agreement). The application was made by pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union.

[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 Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 17 September 2019 and, in accordance with s.54 of the Act, will operate from 24 September 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of an enterprise agreement between Project Site Services Pty Ltd and the union, specifically for the Elizabeth Quay and Capital Square projects. The agreement, dated 2019, aimed to establish terms and conditions for employees involved in these projects. The union sought the Commission's approval to ensure the agreement met legal standards and provided fair outcomes for the employees.

The primary legal issues before the Commission were whether the agreement provided for minimum entitlements, was free from prohibited content, and was negotiated in good faith. Additionally, the Commission had to consider if the agreement was in the best interests of the employees, given the specific context of the construction projects in question.

After examining the evidence and submissions from both parties, the Commission found that the agreement contained all necessary minimum entitlements and was free from prohibited content. It also concluded that the agreement had been negotiated in good faith and was in the best interests of the employees. Therefore, the Commission approved the agreement, recognising its suitability for the particular circumstances of the projects.

The Commission's approval of the agreement means it is now legally binding between Project Site Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union for the employees involved in the Elizabeth Quay and Capital Square projects. The agreement will govern the terms and conditions of employment for these workers, ensuring compliance with relevant industrial laws.

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