Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 3158

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/2014)

Titanium Security Services Pty Ltd / CFMEU Greenfield Agreement 2018

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 1 JUNE 2018

Application for approval of the Titanium Security Services Pty Ltd / CFMEU Greenfield Agreement 2018.

An application has been made for approval of a greenfields agreement known as the Titanium Security Services 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 8 June 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 court involved an application for the approval of the Titanium Security Services Pty Ltd and Construction, Forestry, Maritime, Mining and Energy Union Greenfield Agreement 2018. The application was made by Titanium Security Services Pty Ltd and sought the Fair Work Commission's approval of the agreement under section 235 of the Fair Work Act 2009. The dispute arose from disagreements between the parties regarding the terms and conditions of employment for security officers at the Greenfield Nickel Mine in Western Australia.

The primary legal issue before the court was whether the terms of the agreement were appropriate for registration as a safety net agreement under the Fair Work Act. The court had to consider whether the agreement provided a safety net for employees by ensuring that their conditions of employment were no less favourable than the applicable award or registered agreement. Additionally, the court examined whether the agreement met the statutory requirements for registration, including whether it was made in good faith and whether it provided for a genuine bargain between the parties.

The court found that the agreement met the statutory requirements for registration. It determined that the agreement provided a safety net for employees by offering terms and conditions that were no less favourable than the applicable award. The court also found that the agreement was made in good faith and represented a genuine bargain between the parties. The court noted that the agreement provided for various employment conditions, including wages, hours of work, and leave entitlements, which were consistent with the applicable award. Furthermore, the court was satisfied that the agreement had been negotiated in a collaborative and transparent manner, with both parties having the opportunity to express their views and concerns during the negotiation process.

The court approved the agreement and registered it as a safety net agreement under the Fair Work Act. The final orders of the court required the agreement to be given effect as a registered agreement, effective from the date of registration. The court also directed the parties to take all necessary steps to give effect to the agreement and to comply with its terms. The court's decision provided certainty and stability for the employees and employers involved in the agreement, ensuring that they had a clear understanding of their rights and obligations under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established