Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 946

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/689)

INTERGRATED PEOPLE RESOURCES PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 30 MARCH 2023

Application for approval of the Intergrated People Resources Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

An application has been made for approval of an enterprise agreement known as the Intergrated People Resources Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 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 case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Integrated People Resources Pty Ltd (IPR), with the matter being heard in the Fair Work Commission. The CFMEU sought approval for the "Greenfields Agreement 2020" as part of the IPR Southern Queensland Correctional Precinct Stage 2 Project. The agreement pertained to the employment terms and conditions for workers involved in the project. The central dispute was whether the agreement adequately met the statutory requirements for fair work, particularly concerning the protection of workers' rights and the adherence to the Fair Work Act 2009.

The Fair Work Commission was tasked with determining if the proposed agreement complied with the provisions of the Fair Work Act, specifically examining whether it met the criteria for a fair and portable agreement. This involved assessing the agreement's provisions on wages, conditions, dispute resolution, and other employment terms to ensure they were equitable and consistent with the overarching objectives of the Act. The Commission also had to consider if the agreement appropriately balanced the interests of both employers and employees, particularly in the context of a significant infrastructure project.

In its reasoning, the Fair Work Commission found that the proposed agreement largely met the statutory requirements for fair work. The Commission acknowledged the detailed provisions regarding wages, hours, and conditions that were negotiated between the parties. However, the Commission identified certain areas of the agreement that required modification to better align with the principles of fairness and portability. After the parties made the necessary amendments, the Commission was satisfied that the revised agreement met the legal standards and approved it accordingly.

As a result of the Commission's decision, the amended "Greenfields Agreement 2020" was approved for implementation in the IPR Southern Queensland Correctional Precinct Stage 2 Project. This approval ensures that the employment terms and conditions for workers on the project are fair and compliant with the Fair Work Act, providing a stable and equitable framework for the project's execution.

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