Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 3468

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4072)

GVK QLD Reo Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 OCTOBER 2022

Application for approval of the GVK QLD Reo 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 GVK QLD Reo 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 17 October 2022. 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 involved an application for approval of an enterprise agreement concerning the GVK QLD Reo Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The parties were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and GVK QLD Reo Pty Ltd. The dispute was heard in the Fair Work Commission (FWC), with the application seeking approval of the agreement under the Fair Work Act 2009. The legal issues at hand required the FWC to determine whether the agreement met the requirements for approval under the Act, particularly whether the agreement was genuinely negotiated, and if it complied with the provisions of the Act concerning the protection of employees' rights.

The FWC examined the process of negotiation and the content of the agreement to ensure it adhered to the statutory criteria. The union and the employer had to demonstrate that the agreement was the result of genuine negotiation, which involves an honest and genuine attempt by both parties to reach an agreement. Additionally, the FWC had to ensure the agreement did not adversely affect the employees' right to freedom of association and protected action, and that it complied with the provisions concerning the protection of employees' rights. The FWC assessed whether the agreement met the procedural fairness requirements and substantive fairness in terms of the protections it offered to the employees.

In its decision, the FWC concluded that the agreement was genuinely negotiated and did not adversely affect the employees' rights. The FWC found that both parties had demonstrated a genuine attempt to reach an agreement and that the content of the agreement did not contravene the statutory protections. The FWC approved the GVK QLD Reo Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020, finding it to be in compliance with the requirements of the Fair Work Act. The FWC's decision was based on the evidence presented by both parties, which demonstrated the agreement was the product of genuine negotiation and did not undermine the rights of the employees.

The FWC's final order was to approve the GVK QLD Reo Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020, allowing it to take effect as a registered agreement under the Fair Work Act. This decision provided certainty to both the employer and the employees, as it confirmed the agreement's validity and enforceability. The approval of the agreement by the FWC meant that it could now be implemented, providing the basis for the terms and conditions of employment for the workers involved in the project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established