Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 5905

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/5045)

Labour Walan NSW Pty Ltd / CFMEU Greenfield Agreement (Demolition) 2018

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

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

An application has been made for approval of a greenfields agreement known as the Labour Walan NSW Pty Ltd / CFMEU Greenfield Agreement (Demolition) 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 Construction, Forestry, Maritime, Mining and Energy Union sought approval of an enterprise agreement entered into with Labour Walan NSW Pty Ltd. The agreement, titled the Labour Walan NSW Pty Ltd / CFMEU Greenfield Agreement (Demolition) 2018, was the subject of an application for approval by the Fair Work Commission. The legal issues before the court involved whether the agreement met the requirements under the Fair Work Act 2009, specifically focusing on the agreement's compliance with the "better off overall test" and whether it was fairly negotiated. The court had to determine if the agreement provided employees with benefits that were at least as good as those they would receive under the relevant awards or other agreements, and if the negotiation process was free from any improper influence or coercion.

The Fair Work Commission found that the agreement did satisfy the better off overall test, as the employees would be better off with the terms of the agreement compared to the applicable award. The court also concluded that the agreement was fairly negotiated, taking into account all relevant factors. The Commission reviewed the evidence presented, including the negotiation process and the content of the agreement, and found no grounds for disqualification. The court was satisfied that the agreement provided adequate protections for employees and that it was a genuine enterprise agreement.

The Fair Work Commission approved the Labour Walan NSW Pty Ltd / CFMEU Greenfield Agreement (Demolition) 2018, confirming its compliance with the necessary legislative requirements. The Commission determined that the agreement met the statutory criteria for approval and was a bona fide enterprise agreement. The final orders of the Commission were that the agreement be approved and registered under the Fair Work Act 2009, effective from the date of the decision. This ruling ensured that the terms of the agreement would govern the employment conditions of the employees of Labour Walan NSW Pty Ltd, as per the approved and registered agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established