Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 4428

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/3192)

Sydney Build Projects (NSW) Pty Ltd / CFMEU Greenfield Agreement 2018

Building, metal and civil construction industries
Commissioner Lee	MELBOURNE, 27 JULY 2018

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

An application has been made for approval of a greenfields agreement known as the Sydney Build Projects (NSW) Pty Ltd / CFMEU Greenfield Agreement 2018 (Agreement). The application was made by the 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 the Construction, Forestry, Maritime, Mining and Energy Union are 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 the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 August 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 applied for approval of the Sydney Build Projects (NSW) Pty Ltd / CFMEU Greenfield Agreement 2018. Sydney Build Projects is a construction company, and the CFMEU is a trade union representing construction workers, among others. The dispute centred on whether the agreement, which aimed to regulate various employment terms and conditions, should be approved and registered under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement, as defined by the Act, and whether it complied with the relevant provisions of the Act, including those relating to the scope of bargaining, the process by which the agreement was made, and the content of the agreement. The Commission had to consider whether the agreement was made in good faith, whether it was made without compulsion, and whether it contained the required minimum terms.

After examining the evidence and submissions, the Commission concluded that the agreement was a genuine enterprise agreement and approved it. The Commission found that the agreement was made in good faith and without compulsion, and that it contained the required minimum terms. The Commission also found that the agreement was made in accordance with the relevant provisions of the Act, including those relating to the scope of bargaining and the process by which the agreement was made.

The final orders of the Commission were that the Sydney Build Projects (NSW) Pty Ltd / CFMEU Greenfield Agreement 2018 be approved and registered under the Fair Work Act 2009. The agreement was to come into effect from the date of the Commission's decision and was to remain in force for a period of four years, subject to any variations or terminations permitted by the Act. The Commission also made orders relating to the enforcement of the agreement and the resolution of any disputes that might arise under it.

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