Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 3170

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3676)

North Australian Contracting Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 SEPTEMBER 2022

Application for approval of the North Australian Contracting 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 North Australian Contracting 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, 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 20 September 2022. The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Maritime, Mining and Energy Union, applied for approval of the North Australian Contracting Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The respondent, the employer, objected to the application. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the terms of the proposed Greenfields Agreement were in the best interests of the employees covered by the agreement. The Commission needed to determine if the agreement provided adequate protections for the employees and if it was fair and reasonable in all the circumstances. The Commission also had to consider whether the agreement would promote harmonious, productive and cooperative workplace relations.

After considering the evidence and submissions from both parties, the Commission found that the proposed Greenfields Agreement was in the best interests of the employees. The Commission noted that the agreement provided for a range of protections for the employees, including minimum rates of pay, entitlements and conditions of employment. The Commission also found that the agreement was fair and reasonable, and that it would promote harmonious, productive and cooperative workplace relations. The application for approval was therefore granted.

The Commission made an order approving the North Australian Contracting Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 as a greenfields agreement. The order is to be published on the Fair Work Commission's website and registered with the Registrar of the Federal Circuit Court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established