Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1095

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/952)

CAIRNS CRANE HIRE COMPANY PTY LTD CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 17 APRIL 2023

Application for approval of the Cairns Crane Hire Company Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020

An application has been made for approval of a greenfields agreement known as the Cairns Crane Hire Company Pty Ltd 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 24 April 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 matter before the court involved an application for approval of a Greenfields Agreement 2020 between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Cairns Crane Hire Company Pty Ltd in relation to the Cairns Convention Centre Project. The applicant sought the Fair Work Commission's approval of the agreement, which was intended to establish the terms and conditions of employment for workers engaged in the project. The court was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the agreement provided for terms and conditions of employment that were no less favourable than the applicable modern award, and whether the agreement was consistent with the objectives of the Fair Work Act. The court was also required to consider whether the agreement provided for genuine consultation and negotiation between the parties and whether the agreement was in the best interests of the employees involved. The court needed to examine the provisions of the agreement and assess whether it complied with the statutory requirements for approval.

The court considered the provisions of the agreement and found that it provided for terms and conditions of employment that were no less favourable than the applicable modern award. The court also found that the agreement was consistent with the objectives of the Fair Work Act and provided for genuine consultation and negotiation between the parties. The court was satisfied that the agreement was in the best interests of the employees involved, as it provided for appropriate protections and entitlements. As a result, the court approved the agreement and determined that it met the necessary criteria for approval under the Fair Work Act.

The final order of the court was that the Cairns Crane Hire Company Pty Ltd Cairns Convention Centre Project Greenfields Agreement 2020 be approved and registered by the Fair Work Commission. The court's decision provided clarity and certainty for the parties involved in the project, and ensured that the employees would receive appropriate protections and entitlements under 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