Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 7313

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/6338)

AH Construction Services Pty. Ltd. / CFMEU Greenfield Agreement 2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 30 NOVEMBER 2018

Application for approval of the AH Construction Services Pty. Ltd. / CFMEU Greenfield Agreement 2018.

An application has been made for approval of a greenfields agreement known as the AH Construction Services Pty. Ltd. / CFMEU Greenfield Agreement 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).

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2018. The nominal expiry date of the Agreement is 31 December 2018.

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 filed an application for the approval of the AH Construction Services Pty. Ltd. / CFMEU Greenfield Agreement 2018. This agreement was proposed between the applicant union and the employer, AH Construction Services, and aimed to regulate the employment terms and conditions for employees of the employer. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The primary legal issues that the Commission was required to address included whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether it was free from any unlawful content, and whether it would result in improved conditions for the employees. Furthermore, the Commission had to consider whether the agreement was genuinely negotiated and whether it would facilitate the harmonious development of industrial relations within the industry.

After careful consideration of the arguments presented by both parties, the Commission concluded that the proposed agreement did not meet the statutory requirements for approval. The Commission found that certain provisions within the agreement did not comply with the Fair Work Act, particularly in relation to the mandatory terms. Additionally, the Commission determined that the agreement would not result in improved conditions for the employees. Consequently, the application for approval of the AH Construction Services Pty. Ltd. / CFMEU Greenfield Agreement 2018 was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established