DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3213)

TOWER INTERIORS PTY LTD / CFMEU GREENFIELD AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 SEPTEMBER 2019

Application for approval of the Tower Interiors Pty Ltd / CFMEU Greenfield Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Tower Interiors Pty Ltd / CFMEU Greenfield 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 (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 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] 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 this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2019. The nominal expiry date of the Agreement is 1 November 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Tower Interiors Pty Ltd. The dispute centred around the approval of a Greenfield Agreement 2019, which aimed to establish a framework for employment terms and conditions in the context of a new project. The case was heard in the Fair Work Commission of Australia, a body with jurisdiction over employment relations and workplace matters.

The central legal issues before the Commission were whether the proposed Greenfield Agreement adhered to the requirements of the Fair Work Act 2009 and if the agreement provided fair and equitable terms for both the employees and the employer. Specifically, the Commission needed to determine if the agreement was genuinely negotiated and if it met the criteria for being a modern award or an enterprise agreement. Additionally, the court had to consider if the agreement appropriately balanced the interests of both parties, particularly in the context of a new project where the employment terms were being set from the outset.

The Commission examined the negotiation process and the contents of the proposed agreement. It found that the agreement was genuinely negotiated between the parties and that it provided for fair and reasonable terms. The Commission noted that the agreement was comprehensive and covered various aspects of employment, including wages, conditions, and dispute resolution mechanisms. It concluded that the agreement was not only compliant with the Fair Work Act but also represented a balanced and fair outcome for both parties involved. The Commission approved the Greenfield Agreement, finding that it met all necessary legal requirements and provided for a fair and reasonable employment framework for the new project.

The final orders of the Commission included the approval of the Greenfield Agreement between Tower Interiors Pty Ltd and the CFMEU, effective from the date of the decision. The agreement was to be registered and would govern the employment terms and conditions for the new project, ensuring that it was recognised and enforceable under the Fair Work Act. The decision underscored the importance of genuine negotiation and the need for agreements to provide fair and reasonable outcomes for both employers and employees.

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