DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/204)

AQUALAND CONSTRUCTION PTY LTD / CFMEU GREENFIELD AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 12 FEBRUARY 2019

Application for approval of the Aqualand Construction Pty Ltd / CFMEU Greenfield Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Aqualand Construction 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 19 February 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Aqualand Construction Pty Ltd / CFMEU Greenfield Agreement 2019, the Fair Work Commission was tasked with determining the merits of the agreement between Aqualand Construction Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the terms of the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which is the relevant body under Australian labour law to consider and approve enterprise agreements.

The central legal issues before the Fair Work Commission involved assessing the fairness and compliance of the agreement with statutory provisions. Specifically, the Commission had to determine if the agreement contained terms that were procedurally and substantively fair, and whether it adhered to the requirements set out in the Fair Work Act. This included examining whether the agreement facilitated genuine bargaining, provided for employee consultation, and did not unfairly disadvantage any party. Additionally, the Commission needed to verify that the agreement did not contain any unlawful content, such as terms that contravened employment standards or human rights.

In reaching its decision, the Fair Work Commission conducted a thorough review of the proposed agreement. The Commission considered the context of the negotiations, the nature of the terms proposed, and the impact on the parties involved. It was found that the agreement had been reached through genuine bargaining, with adequate consultation and consideration of the employees' interests. The Commission concluded that the agreement was procedurally and substantively fair, and it met all statutory requirements for approval. Consequently, the Fair Work Commission approved the Aqualand Construction Pty Ltd / CFMEU Greenfield Agreement 2019, finding it to be in compliance with the Fair Work 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