Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1274

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/992)

Mapol Nominees Pty Ltd T/As Amalgamated Painting Service Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 14 APRIL 2022

Application for approval of the Mapol Nominees Pty Ltd T/As Amalgamated Painting Service Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

An application has been made for approval of a greenfields agreement known as the Mapol Nominees Pty Ltd T/As Amalgamated Painting Service 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). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

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. In particular, 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(1) of the Act, will operate from 21 April 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 before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union to approve the Mapol Nominees Pty Ltd T/As Amalgamated Painting Service Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The dispute arose from negotiations between the union and the employer regarding terms and conditions for employees working on the project. The Commission was tasked with evaluating the fairness of the agreement and whether it met the necessary criteria under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained all the necessary terms as required by the Act and whether it was fair and reasonable in all its aspects. The union argued that certain terms were missing or inadequate, while the employer maintained that the agreement was comprehensive and fair. The Commission had to carefully consider the provisions of the agreement, the bargaining positions of the parties, and the broader context of industrial relations law.

In its decision, the Commission found that the agreement was largely fair and reasonable, despite some shortcomings. The Commission identified that certain provisions were not in line with the Act and required amendments. It emphasised the importance of including specific terms to ensure clarity and fairness in the workplace. After making the necessary amendments, the Commission approved the agreement, noting the willingness of both parties to reach a negotiated settlement. The Commission's decision underscored the need for agreements to be comprehensive and fair, while also recognising the importance of collective bargaining in achieving workable and equitable outcomes.

The final orders of the Commission included the approval of the amended Greenfields Agreement 2020, subject to the specific changes outlined in the decision. The agreement was to be implemented in accordance with the terms set out, with a clear understanding that any further disputes would be subject to the processes provided under the Fair Work Act. The Commission's decision provided clarity on the requirements for workplace agreements and reinforced the importance of fair and reasonable terms in industrial agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established