Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1276

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1199)

GN POLISHED CONRETE & GRINDING PTY LTD T/AS GN POLISHED CONCRETE CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 9 MAY 2023

Application for approval of the GN Polished Conrete & Grinding Pty Ltd T/As GN Polished Concrete Cairns Convention Centre Project Greenfields Agreement 2020

An application has been made for approval of a greenfields agreement known as the GN Polished Conrete & Grinding Pty Ltd T/As GN Polished Concrete Cairns Convention Centre 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2023. The nominal expiry date of the Agreement is 2 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) made an application to the Fair Work Commission for approval of the GN Polished Concrete & Grinding Pty Ltd T/As GN Polished Concrete Cairns Convention Centre Project Greenfields Agreement 2020. The CFMEU was seeking the agreement to be made a registered agreement under the Fair Work Act 2009. The Commission was required to consider if the agreement was in the interests of the workers it covered.

The primary legal issue before the Commission was whether the agreement was in the interests of the workers it covered, as required by section 234 of the Fair Work Act. The Commission had to examine the agreement in detail to determine whether it provided fair and appropriate terms and conditions for the workers. This involved assessing the provisions of the agreement against the relevant award provisions, the Fair Work Act, and any other relevant laws.

After thorough consideration of the agreement, the Commission concluded that the GN Polished Concrete & Grinding Pty Ltd T/As GN Polished Concrete Cairns Convention Centre Project Greenfields Agreement 2020 was in the interests of the workers it covered. The Commission found that the agreement provided for terms and conditions that were not less favourable than the relevant award provisions and were in line with the principles of the Fair Work Act. As a result, the Commission approved the agreement and registered it under the Fair Work Act.

The final orders of the Commission were that the GN Polished Concrete & Grinding Pty Ltd T/As GN Polished Concrete Cairns Convention Centre Project Greenfields Agreement 2020 be approved and registered as a registered agreement under the Fair Work Act. The agreement was to be effective from the date of registration and would apply to the workers covered by the agreement.

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