Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 7320

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/6360)

Sydney Wide Form Pty Ltd / CFMEU Greenfield Agreement 2018

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

Application for approval of the Sydney Wide Form Pty Ltd / CFMEU Greenfield Agreement 2018.

An application has been made for approval of a greenfields agreement known as the Sydney Wide Form 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 (CFMEU) filed an application seeking approval of a proposed agreement with Sydney Wide Form Pty Ltd. The agreement in question, the Sydney Wide Form Pty Ltd / CFMEU Greenfield Agreement 2018, was intended to govern the terms and conditions of employment for workers employed by Sydney Wide Form Pty Ltd. The CFMEU sought the Commission's approval of the agreement under the Fair Work Act 2009, specifically section 234, which allows for the registration of an enterprise agreement when the Commission is satisfied that the agreement meets the requirements of the Act.

The primary legal issues before the Commission involved whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission needed to determine whether the agreement had been made in accordance with the processes required by the Act, including whether proper bargaining had occurred and if the agreement had been certified as a simple or low-risk agreement. Substantively, the Commission had to assess whether the agreement provided for terms and conditions that were no less favourable than the applicable awards or the applicable minimum standards set out in the National Employment Standards. Additionally, the Commission needed to ensure that the agreement did not contain any provisions that would have an adverse effect on employees, including provisions that could potentially undermine workers' rights to fair and reasonable treatment.

The Commission found that the Sydney Wide Form Pty Ltd / CFMEU Greenfield Agreement 2018 was made in accordance with the procedural requirements of the Fair Work Act. It was determined that the agreement had been certified as a simple agreement and that the bargaining process had been conducted appropriately. Furthermore, the Commission concluded that the agreement provided for terms and conditions that were no less favourable than the applicable minimum standards and did not contain any provisions that would have an adverse effect on employees. The Commission was satisfied that the agreement met all the necessary criteria for approval under the Act. Consequently, the Commission approved the agreement, and it was registered on the public register of approved agreements. The approval of the agreement means that it will now govern the employment terms and conditions for workers employed by Sydney Wide Form Pty Ltd, and it will be enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established