DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5952)

ZEN INSTALL SERVICES PTY LTD / CFMEU GREENFIELD AGREEMENT (TRADES) 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 DECEMBER 2018

Application for approval of the Zen Install Services Pty Ltd / CFMEU Greenfield Agreement (Trades) 2018.

[1] An application has been made for approval of a greenfields agreement known as the Zen Install Services Pty Ltd / CFMEU Greenfield Agreement (Trades) 2018 (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 27 December 2018. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by Zen Install Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of their Greenfield Agreement (Trades) 2018. The agreement was brought before the court for the purpose of obtaining Fair Work Commission's approval under the Fair Work Act 2009. The agreement was aimed at addressing the terms and conditions of employment for tradespeople within the specified industries.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was likely to have a positive impact on the industrial relations climate in the industries concerned. The court had to consider if the agreement provided a fair and reasonable balance of rights and obligations between the parties and if it was likely to lead to improvements in workplace relations and productivity.

In its reasoning, the court found that the agreement contained provisions that were both fair and reasonable, taking into account the needs and interests of both employers and employees. The court also considered that the agreement would likely have a positive impact on the industrial relations climate, by providing a stable and predictable framework for employment relationships. The court approved the agreement, noting that it met the criteria for approval under the Fair Work Act 2009.

The final orders of the court were that the Zen Install Services Pty Ltd / CFMEU Greenfield Agreement (Trades) 2018 be approved under section 231 of the Fair Work Act 2009, effective from the date of the approval. The agreement would now provide a legally binding framework for employment relationships in the relevant industries, with the aim of improving workplace relations and productivity.

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