DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/692)

PLUS FORM (NSW) PTY LTD / CFMEU GREENFIELD AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 MARCH 2019

Application for approval of the Plus Form (NSW) Pty Ltd / CFMEU Greenfield Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Plus Form (NSW) 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 1 April 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) lodged an application for the approval of the Plus Form (NSW) Pty Ltd / CFMEU Greenfield Agreement 2019. The dispute revolved around the terms and conditions of employment for workers in the construction industry in New South Wales. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement, whether it was made in good faith, and whether it provided for the appropriate process for resolving disputes. Additionally, the Commission had to consider whether the agreement provided for appropriate mechanisms for resolving workplace disputes and whether it complied with the Fair Work (Registered Organisations) Act 2009. The Commission also had to determine whether the agreement met the requirements for coverage and bargaining under the Fair Work Act.

The Commission found that the agreement was a genuine enterprise agreement that had been made in good faith and provided for appropriate mechanisms for resolving workplace disputes. The Commission also found that the agreement complied with the Fair Work (Registered Organisations) Act and met the requirements for coverage and bargaining under the Fair Work Act. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included the removal of provisions that were inconsistent with the Act and the addition of provisions to ensure that the agreement was accessible to all employees.

The Commission's decision was based on a detailed analysis of the agreement and the evidence provided by both parties. The Commission found that the agreement provided for appropriate mechanisms for resolving workplace disputes and that it complied with the requirements of the Fair Work Act. The Commission also found that the agreement was in the best interests of the employees and would promote harmonious, productive and cooperative workplace relations. The Commission approved the agreement subject to certain modifications to ensure compliance with the Act.

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