DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/260)

ASPIRE FACADES GROUP NSW PTY LTD / CFMEU GREENFIELD AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 FEBRUARY 2019

Application for approval of the Aspire Facades Group NSW Pty Ltd / CFMEU Greenfield Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Aspire Facades Group 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, 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, 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 22 February 2019. The nominal expiry date of the Agreement is 1 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Aspire Facades Group NSW Pty Ltd, sought approval of the CFMEU Greenfield Agreement 2019 from the Fair Work Commission. The applicant and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) entered into the agreement, which was intended to cover workers employed in the installation and erection of building facades. The CFMEU opposed the approval of the agreement, arguing that the scope of the agreement was too broad, as it potentially included work beyond the scope of facades and could lead to unfair industrial action. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the court was whether the Aspire Facades Group NSW Pty Ltd / CFMEU Greenfield Agreement 2019 met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement was a "good faith" agreement and whether it was in the best interests of the workers it was intended to cover. The court also needed to determine whether the agreement's scope was appropriate and whether it would lead to industrial action that would be unfair to other employers. The court considered submissions from both parties, as well as evidence from industry experts.

In reaching its decision, the court considered the nature of the work covered by the agreement and the potential for it to extend beyond facades. The court found that the agreement was in good faith and that it was in the best interests of the workers it was intended to cover. The court also found that the scope of the agreement was appropriate and that it would not lead to industrial action that would be unfair to other employers. The court took into account the evidence of industry experts, who confirmed that the work covered by the agreement was limited to the installation and erection of building facades. The court was satisfied that the agreement met the criteria for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Aspire Facades Group NSW Pty Ltd / CFMEU Greenfield Agreement 2019. The court found that the agreement was in good faith, in the best interests of the workers it was intended to cover, and had an appropriate scope. The court also found that the agreement would not lead to industrial action that would be unfair to other employers. The approval of the agreement provides certainty for both the applicant and the workers it covers and ensures that they are able to negotiate their terms and conditions of employment in a fair and effective manner.

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