Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1732

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1496)

NORTH WEST COMMERCIAL INDUSTRIES (QLD) PTY LTD T/AS NWCI (QLD) PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 MAY 2022

Application for approval of the North West Commercial Industries (Qld) Pty Ltd T/As NWCI (QLD) 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 West Commercial Industries (Qld) Pty Ltd T/As NWCI (QLD) 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 3 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

In the case of the Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval of an agreement entered into by the employer, North West Commercial Industries (Qld) Pty Ltd trading as NWCI (Qld) Pty Ltd, concerning the Southern Queensland Correctional Precinct Stage 2 Project at Greenfields. The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the terms and conditions of the Greenfields Agreement 2020, as proposed by the employer, were fair and appropriate under the Fair Work Act 2009. The applicant argued that certain terms of the agreement were not equitable and should not be approved by the Commission.

The Commission considered the overarching objectives of the Fair Work Act, which include the creation of a fair work system that promotes productivity, economic prosperity, and social inclusion. It was necessary to evaluate the balance of the agreement, taking into account the rights, obligations, and interests of both the employer and the employees. The Commission examined the terms of the agreement, including wages, conditions, and other employment-related provisions. After careful consideration, the Commission determined that the overall balance of the agreement was fair and appropriate, taking into account the relevant objectives of the Act. Therefore, the Commission approved the agreement.

In light of the findings, the Commission approved the Greenfields Agreement 2020. The applicant's application for the approval of the agreement was dismissed. The decision was made in the interest of promoting productivity, economic prosperity, and social inclusion, as outlined in the Fair Work Act.

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