Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 1262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1178)

INGRAMS AUSTRALIA PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 4 MAY 2023

Application for approval of the Ingrams Australia 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 Ingrams Australia 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 11 May 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 case before the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) lodged an application for the approval of the Ingrams Australia Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The application was made under section 235 of the Fair Work Act 2009, seeking the Commission's endorsement of the agreement, which pertains to employment terms and conditions for workers involved in the specified project. The dispute centred on whether the agreement met the statutory requirements for approval and if it adequately protected the rights and interests of the workers.

The primary legal issues the Commission had to address were whether the agreement contained all the necessary provisions required by the Fair Work Act, whether it complied with the standards set by the Fair Work (Registered Organisations) Act 2009, and whether the agreement was fair and reasonable in its terms. Furthermore, the Commission had to assess whether the agreement provided appropriate protections for the workers, particularly in relation to wages, conditions, and other employment-related matters.

The Commission examined the agreement in detail, considering the arguments presented by both the CFMEU and Ingrams Australia. The Commission found that the agreement contained all the necessary provisions and complied with the statutory requirements. It was determined that the agreement provided fair and reasonable terms for the workers, ensuring that their rights and interests were adequately protected. The Commission concluded that the agreement was in the best interests of the workers and approved it accordingly.

As a result of the Commission's decision, the Ingrams Australia Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 was approved. The approval ensures that the agreement will govern the employment terms and conditions for the workers involved in the project, providing a legally binding framework for their employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established