Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 1057

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/896)

G & H PLANT HIRE PTY LTD T/AS G & H CIVIL CONTRACTORS SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 12 APRIL 2023

Application for approval of the G & H Plant Hire Pty Ltd T/As G & H Civil Contractors Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

An application has been made for approval of a greenfields agreement known as the G & H Plant Hire Pty Ltd T/As G & H Civil Contractors 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 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

The parties involved in this matter were the Construction, Forestry, Maritime, Mining and Energy Union and G & H Plant Hire Pty Ltd. The dispute centred on the approval of the G & H Civil Contractors Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The case was heard in the Fair Work Commission, the tribunal responsible for matters involving workplace relations in Australia.

The key legal issues the court had to address were whether the agreement provided adequate terms and conditions for the workers involved and whether it was consistent with the relevant industrial awards and legislation. The court also needed to determine if the agreement provided sufficient protections for the workers and if it met the requirements for an enterprise agreement under the Fair Work Act 2009.

The court found that the agreement did provide adequate terms and conditions for the workers, and it was consistent with the relevant industrial awards and legislation. The court also determined that the agreement provided sufficient protections for the workers and met the requirements for an enterprise agreement under the Fair Work Act 2009. The court took into consideration the input from both parties and the evidence presented before reaching its decision.

The Fair Work Commission approved the G & H Civil Contractors Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The decision was based on the agreement meeting the necessary requirements under the Fair Work Act 2009 and providing adequate terms and conditions for the workers involved. The court's decision provided clarity and certainty for both the union and the employer in relation to the agreement and its implementation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established