DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/557)

HQ PROJEX PTY LTD/CFMEU SOUTH AUSTRALIA GREENFIELDS ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 MARCH 2019

Application for approval of the HQ Projex PTY LTD/CFMEU South Australia Greenfields Enterprise Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the HQ Projex 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 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 21 March 2019. The nominal expiry date of the Agreement is 31 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, HQ Projex PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union South Australia Greenfields branch sought approval of an enterprise agreement under the Fair Work Act 2009. The application was heard in the Fair Work Commission. The central issue before the court was whether the agreement met the "better off overall test" as stipulated in the Act. This test requires that the terms of the enterprise agreement be at least as good as the applicable awards or the general industrial instruments, and that the employees are not worse off overall as a result of the agreement.

The court examined the terms of the agreement and compared them to the relevant awards and industrial instruments. The agreement included provisions on wages, working hours, leave entitlements, and other employment conditions. The court found that the terms of the agreement were, on balance, at least as good as the applicable awards and did not result in the employees being worse off overall. The court also considered the views of both parties and the broader implications of the agreement for the industry.

In reaching its decision, the court noted the importance of balancing the interests of employers and employees, and the need to promote fairness and efficiency in the workplace. The court found that the agreement achieved these objectives and approved the enterprise agreement. The final orders confirmed the approval of the agreement and directed the parties to take any necessary steps to implement its terms.

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