DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1224)

SOUTHERN LABOUR HIRE (NSW) PTY LTD / CFMEU GREENFIELDS AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 APRIL 2019

Application for approval of the Southern Labour Hire (NSW) Pty Ltd / CFMEU Greenfields Agreement 2019.

[1] An application has been made for approval of a Greenfields agreement known as the Southern Labour Hire (NSW) Pty Ltd / CFMEU 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 (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 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 3 May 2019. The nominal expiry date of the Agreement is 1 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Southern Labour Hire (NSW) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The agreement, titled the CFMEU Greenfields Agreement 2019, was subject to scrutiny to determine if it met the necessary criteria for approval under the Fair Work Act 2009. The application was brought forth to ensure that the agreement was fair and appropriate for the employees covered by it.

The primary legal issues addressed by the Commission were whether the agreement complied with the good faith bargaining requirement and whether it contained all the mandated terms and conditions. Additionally, the Commission examined whether the agreement was likely to have a detrimental effect on employees or employers and whether it contained provisions that were contrary to public policy. The Commission also had to consider the process by which the agreement was reached to ensure it was free from any undue influence or coercion.

In delivering its decision, the Commission found that the CFMEU Greenfields Agreement 2019 satisfied the requirements for approval. The evidence presented demonstrated that the agreement was the product of genuine and meaningful negotiations between the parties, thus fulfilling the good faith bargaining requirement. The Commission was satisfied that all mandated terms and conditions were included within the agreement. Furthermore, the Commission concluded that the agreement would not have an adverse effect on employees or employers and that it did not contravene any public policy considerations. The process leading to the agreement was deemed fair and transparent, with no evidence of undue influence or coercion.

The Fair Work Commission approved the CFMEU Greenfields Agreement 2019, recognising it as a valid enterprise agreement. The Commission's approval was based on the evidence that the agreement was fairly negotiated, contained all necessary terms, and did not negatively impact the parties involved. The agreement was therefore deemed to be in compliance with the requirements of the Fair Work Act 2009.

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