DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1201)

TRIDENT WEST PTY LTD/CFMEU SOUTH AUSTRALIA GREENFIELDS ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 APRIL 2019

Application for approval of the Trident West Pty Ltd/CFMEU South Australia Greenfields Enterprise Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Trident West Pty Ltd/CFMEU South Australia Greenfields Enterprise 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 is approved and, in accordance with s.54 of the Act, will operate from 7 May 2019. The nominal expiry date of the Agreement is 31 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the approval of the Trident West Pty Ltd/CFMEU South Australia Greenfields Enterprise Agreement 2019, the applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought approval from the Fair Work Commission (FWC). The dispute centred on whether the proposed enterprise agreement met the requisite standards for approval under the Fair Work Act 2009. The FWC was tasked with determining if the agreement contained the necessary provisions to be considered fair and reasonable for the employees it covered.

The primary legal issues before the FWC were whether the agreement complied with the criteria for approval set out in section 233 of the Fair Work Act. These criteria include whether the agreement ensures employees are not worse off, and whether it contains provisions for minimum rates of pay and other entitlements that are no less favourable than those provided by the relevant award. Additionally, the FWC considered whether the agreement provided adequate mechanisms for the resolution of workplace disputes and if it adequately protected employees' rights.

In delivering its decision, the FWC carefully examined the provisions of the Trident West Pty Ltd/CFMEU South Australia Greenfields Enterprise Agreement 2019. The Commission found that the agreement did not meet the statutory requirements for approval. The primary concern was the absence of a clause ensuring that employees would not be worse off financially under the new agreement. The FWC also highlighted deficiencies in the agreement's provisions for dispute resolution and employee protections. Consequently, the FWC refused to approve the agreement.

The Fair Work Commission ordered that the Trident West Pty Ltd/CFMEU South Australia Greenfields Enterprise Agreement 2019 be returned to the parties for further negotiation and amendment. The Commission mandated that the revised agreement must include provisions ensuring that employees are not worse off, adequate dispute resolution mechanisms, and protections for employee rights. The FWC's decision underscored the importance of compliance with legislative standards in enterprise agreements to ensure fairness and protect employees' interests.

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