DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/4622)

HACER GROUP NSW PTY LTD / CFMEU GREENFIELD AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 19 SEPTEMBER 2018

Application for approval of the Hacer Group NSW Pty Ltd / CFMEU Greenfield Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Hacer Group 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.

[2] 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.

[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. 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

In the Federal Court of Australia, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application seeking approval for the Hacer Group NSW Pty Ltd / CFMEU Greenfield Agreement 2018. The Hacer Group NSW Pty Ltd is a construction company, and the CFMEU is a trade union representing workers in the construction, forestry, maritime, mining and energy industries. The dispute centred on whether the agreement, which sets out terms and conditions of employment for workers, complies with the requirements of the Fair Work Act 2009.

The primary legal issue before the court was whether the agreement met the criteria for approval under section 233 of the Fair Work Act. Specifically, the court needed to determine if the agreement provided for the fair and efficient resolution of workplace disputes, if it included appropriate mechanisms for employee representation, and if it adhered to the principles of good faith bargaining. Another consideration was whether the agreement complied with the requirements for "goods and services" agreements as outlined in the Act.

The court found that the Hacer Group NSW Pty Ltd / CFMEU Greenfield Agreement 2018 was consistent with the Fair Work Act's provisions. The agreement established a fair and efficient dispute resolution process, included adequate provisions for employee representation, and demonstrated good faith bargaining between the parties. The court also confirmed that the agreement complied with the requirements for "goods and services" agreements. Consequently, the court granted the CFMEU's application for approval of the agreement.

In light of the court's decision, the Hacer Group NSW Pty Ltd / CFMEU Greenfield Agreement 2018 was approved and became legally enforceable. This outcome provided certainty and stability for both the Hacer Group NSW Pty Ltd and its employees, ensuring that the agreement's terms and conditions would be upheld in their future dealings.

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