DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2506)

NHGM SERVICES PTY LTD / CFMEU GREENFIELD AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER BISSETT	MELBOURNE, 31 JULY 2019

Application for approval of the NHGM Services Pty Ltd / CFMEU Greenfield Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the NHGM Services 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 the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement was approved on 31 July 2019 and, in accordance with s.54, will operate from 7 August 2019. The nominal expiry date of the Agreement is 1 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the NHGM Services Pty Ltd / CFMEU Greenfield Agreement 2019 in the Fair Work Commission. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission was required to determine whether the agreement was in the public interest and whether it complied with the procedural and substantive fairness requirements.

The legal issues involved assessing whether the agreement was made in good faith, whether it provided for a proper balance between the interests of the employer and employees, and whether the process through which the agreement was made was fair and appropriate. The CFMEU argued that the agreement was a fair and reasonable one that provided for the interests of the employees. Conversely, the employer raised concerns about the procedural fairness of the bargaining process and the substantive fairness of certain provisions.

The Fair Work Commission found that the agreement was made in good faith and that the bargaining process was fair. The Commission also concluded that the agreement provided for a proper balance between the interests of the employer and employees and was in the public interest. The agreement was approved on the basis that certain minor amendments were made to address some of the employer's concerns. The Commission emphasised the importance of maintaining a cooperative and collaborative approach to industrial relations and the value of agreements that reflect the needs and interests of both parties.

The Fair Work Commission approved the NHGM Services Pty Ltd / CFMEU Greenfield Agreement 2019, subject to certain minor amendments. The Commission found that the agreement was made in good faith and provided for a proper balance between the interests of the employer and employees. The Commission also concluded that the agreement was in the public interest and that the bargaining process was fair. The approval of the agreement reflects the importance of cooperative and collaborative industrial relations and the value of agreements that reflect the needs and interests of both parties.

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