Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 5903

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/4998)

Iconic (NSW) Pty Ltd / CFMEU Greenfield Agreement 2018

Building, metal and civil construction industries
Commissioner Johns	MELBOURNE, 19 SEPTEMBER 2018

Application for approval of the Iconic (NSW) Pty Ltd / CFMEU Greenfield Agreement 2018.

An application has been made for approval of a greenfields agreement known as the Iconic (NSW) Pty Ltd / CFMEU Greenfield Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement. It has been made by Construction, Forestry, Maritime, Mining and Energy Union.

I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, 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. In accordance with s.54(1) of the Act it will operate from 26 September 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

The matter before the Full Bench of the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the Greenfield Agreement 2018 between Iconic (NSW) Pty Ltd and the CFMEU. The agreement was made in the context of a new development project in Sydney, aiming to set terms and conditions for the workers employed on the project. The dispute centred on whether the agreement met the criteria for being made under the Fair Work Act 2009, particularly focusing on its registration as a greenfield agreement.

The legal issues before the court required the determination of whether the agreement was made in good faith and without coercion, as required under the Fair Work Act. Additionally, the court had to assess whether the agreement provided adequate protections for employees and if it met the specific criteria for a greenfield agreement, including that it was made in relation to a new project. The court also needed to consider the implications of the agreement on the broader industrial relations environment, ensuring that the terms were fair and reasonable.

The Full Bench concluded that the agreement was made in good faith and without coercion, fulfilling the requirements of the Fair Work Act. The court found that the agreement provided sufficient protections for employees and met the criteria for a greenfield agreement. It was noted that the agreement was made in relation to a new project, and the terms were deemed fair and reasonable. The court highlighted the importance of such agreements in facilitating new developments while protecting the rights of workers. The application for approval was ultimately granted, and the Greenfield Agreement 2018 was approved under the Fair Work Act.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established