Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 4412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/5112)

Tyrone Construction Services Pty Ltd and CFMEU (WA) (Metronet Projects) Greenfields Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 DECEMBER 2022

Application for approval of the Tyrone Construction Services Pty Ltd and CFMEU (WA) (Metronet Projects) Greenfields Agreement 2022.

An application has been made for approval of a greenfields agreement known as the Tyrone Construction Services Pty Ltd and CFMEU (WA) (Metronet Projects) Greenfields Agreement 2022 (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.

I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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 21 December 2022. The nominal expiry date of the Agreement is 1 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission concerned an application for the approval of an enterprise agreement between Tyrone Construction Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (WA) Metronet Projects. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of its provisions on wages, conditions, and other employment terms. The matter was heard in the Fair Work Commission, which is tasked with approving, rejecting, or modifying enterprise agreements to ensure fairness and compliance with statutory provisions.

The key legal issues before the Commission involved the assessment of whether the proposed agreement met the criteria for approval under the Fair Work Act. This included verifying that the agreement was free from any unfair provisions, that it had been negotiated in good faith, and that it provided for minimum entitlements and dispute resolution mechanisms as required by law. Additionally, the Commission had to consider whether the agreement included appropriate provisions for the classification and remuneration of employees, as well as any other relevant terms that might impact the fairness of the agreement.

The Fair Work Commission found that the proposed Greenfields Agreement 2022 complied with the necessary legal standards. The Commission was satisfied that the agreement contained provisions that met the requirements of the Fair Work Act, including those related to wages, conditions, and dispute resolution. The Commission noted that the agreement had been negotiated in good faith and did not contain any unfair provisions. The Commission approved the agreement, finding that it provided a fair and reasonable framework for the employment of workers in the specified industries.

As a result of the Commission's decision, the Tyrone Construction Services Pty Ltd and CFMEU (WA) Metronet Projects Greenfields Agreement 2022 was approved and registered under the Fair Work Act. The agreement now governs the employment terms and conditions for the employees of Tyrone Construction Services Pty Ltd covered by the agreement, ensuring that they are fairly compensated and protected under the law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established