Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 1306

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1220)

FENCEPAC COMMERCIAL PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 10 MAY 2023

Application for approval of the Fencepac Commercial Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

An application has been made for approval of a greenfields agreement known as the Fencepac Commercial Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (the 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 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 the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from May17 2023. The nominal expiry date of the Agreement is 1 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval from the Fair Work Commission for the Fencepac Commercial Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The respondent, Fencepac Commercial Pty Ltd, opposed the application on several grounds, including that the agreement did not meet the requirements for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement satisfied the criteria for approval under section 234 of the Fair Work Act 2009. This required the Commission to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith and without coercion. The Commission also had to consider whether the agreement provided for a process for resolving disputes between the parties.

In reaching its decision, the Commission considered the terms of the agreement, the evidence provided by the parties, and relevant legal authorities. It found that the agreement provided for fair and reasonable terms and conditions, and that it was made in good faith and without coercion. The Commission also found that the agreement provided for an adequate process for resolving disputes between the parties. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Fencepac Commercial Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The respondent's objections to the agreement were dismissed, and the applicant's application for approval was granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established