Construction, Forestry, Maritime, Mining and Energy Union Summary

[2018] FWCA 4353

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/3145)

Vasileios Construction Group Pty Ltd / CFMEU Greenfield Agreement 2018

Building, metal and civil construction industries
Commissioner Lee	MELBOURNE, 25 JULY 2018

Application for approval of the Vasileios Construction Group Pty Ltd / CFMEU Greenfield Agreement 2018.

An application has been made for approval of a greenfields agreement known as the Vasileios Construction Group 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 this organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 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 matter of an application by the Vasileios Construction Group Pty Ltd for approval of the Vasileios Construction Group Pty Ltd / CFMEU Greenfield Agreement 2018, the Fair Work Commission was called upon to determine whether the agreement should be approved. The Construction, Forestry, Maritime, Mining and Energy Union opposed the application, raising concerns about the agreement's provisions. The Commission was tasked with examining the agreement against relevant legislative criteria, including whether it met the requirements for being a Greenfield agreement under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was genuinely intended to be a Greenfield agreement, and if it met the criteria for approval under the Act. This involved assessing whether the agreement was made in good faith and whether it contained terms that were fair and reasonable. The Commission also needed to consider the implications of the agreement on the employees' rights and the balance of power between the employer and the union.

After a thorough review of the submissions and evidence presented by both parties, the Commission found that the Vasileios Construction Group Pty Ltd / CFMEU Greenfield Agreement 2018 met the legislative requirements for approval. The Commission concluded that the agreement was genuinely intended to be a Greenfield agreement, as it was made in good faith and contained terms that were fair and reasonable. The Commission further found that the agreement did not unjustifiably harm the employees and that it was in line with the principles of the Fair Work Act. Consequently, the application for approval was approved.

The Fair Work Commission approved the Vasileios Construction Group Pty Ltd / CFMEU Greenfield Agreement 2018, recognising it as a valid agreement under the Fair Work Act. The Commission's decision was based on the evidence that the agreement was made in good faith, contained fair and reasonable terms, and did not unjustifiably harm the employees. The approval of the agreement allows for the establishment of a new workplace, with terms that are agreed upon by the parties involved.

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