Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1981

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1771)

Jeffs Bricklaying Pty Ltd T/As Able Building Company Cairns Convention Centre Project Greenfields Agreement 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 JUNE 2022

Application for approval of the Jeffs Bricklaying Pty Ltd T/As Able Building Company Cairns Convention Centre Project Greenfields Agreement 2020

An application has been made for approval of a greenfields agreement known as the Jeffs Bricklaying Pty Ltd T/As Able Building Company Cairns Convention Centre 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 24 June 2022. The nominal expiry date of the Agreement is 2 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Construction, Forestry, Maritime, Mining and Energy Union, sought approval of an agreement between Jeffs Bricklaying Pty Ltd trading as Able Building Company and its employees, which was entered into under the Greenfields Agreement 2020. The dispute was heard in the Fair Work Commission. The primary issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions that govern the approval of enterprise agreements.

The Commission examined whether the agreement contained all the mandatory terms and conditions set out in the Act and whether it was made in good faith and without coercion. The applicant argued that the agreement was appropriately negotiated and contained all necessary terms. The respondent did not contest the negotiation process but raised concerns about the inclusion of certain clauses. The Commission found that the agreement was made in good faith and did not involve any improper conduct. Furthermore, it was determined that the agreement included all required terms and conditions, thereby satisfying the statutory criteria for approval.

Consequently, the Commission approved the agreement, finding it to be a genuine enterprise agreement within the meaning of the Fair Work Act. The applicant's application was thus successful. The Commission's decision was communicated to the parties, and the agreement was registered accordingly.

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