Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1799

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1554)

CAVA SCAFFOLD SOLUTIONS PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 JUNE 2022

Application for approval of the Cava Scaffold Solutions 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 Cava Scaffold Solutions 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 9 June 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 case involved an application for approval of an enterprise agreement for the Southern Queensland Correctional Precinct Stage 2 Project by the Construction, Forestry, Maritime, Mining and Energy Union. The application was brought before the Fair Work Commission, which is Australia's independent national workplace relations tribunal with responsibility for the resolution of workplace disputes and promoting the facilitation of workplace relations system. The legal issues that arose from the application involved the validity of the agreement and whether it met the requirements set out in the Fair Work Act 2009.

The Fair Work Commission considered whether the agreement was genuinely negotiated, whether it complied with the provisions of the Fair Work Act, and whether it was in the best interests of the employees. The Commission examined the evidence provided by the parties and considered the relevant provisions of the Fair Work Act and the principles of good faith bargaining. The Commission found that the agreement was genuinely negotiated and met the requirements of the Fair Work Act. The Commission also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment.

In approving the agreement, the Fair Work Commission noted that the agreement provided for a number of benefits for employees, including improved wages and conditions, and that it provided for a transparent and fair process for the resolution of workplace disputes. The Commission also noted that the agreement provided for a number of protections for employees, including protections against discrimination and unfair dismissal. The Fair Work Commission approved the agreement and made orders to that effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established