Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 1020

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/876)

BRIDGEMAN AGENCIES PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 11 APRIL 2023

Application for approval of the Bridgeman Agencies 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 Bridgeman Agencies 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, 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, 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 18 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 matter before the Fair Work Commission was an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the Bridgeman Agencies Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The agreement was intended to cover employees involved in the construction of a correctional facility in Queensland. The dispute centred on the terms and conditions of employment for workers at the project site.

The legal issues before the Commission involved whether the agreement met the necessary standards for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for minimum terms and conditions that were no less favourable than the applicable awards or modern awards, and whether it adhered to the good faith bargaining requirements and other statutory obligations.

The Commission found that the agreement contained terms that did not comply with the minimum standards set by the applicable awards. The CFMEU had not demonstrated that the agreement provided terms and conditions of employment that were at least as favourable as those set out in the relevant awards. Additionally, the Commission concluded that the agreement did not meet the good faith bargaining requirements, as it did not reflect a genuine attempt by the parties to reach an agreement on the terms and conditions of employment.

Consequently, the Commission did not grant approval of the agreement. The Commission directed the parties to negotiate further to address the deficiencies identified and to submit an amended agreement for approval. The Commission's decision emphasised the importance of adhering to the statutory minimum standards and good faith bargaining obligations when negotiating enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established