DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division
(AG2021/4749)

BSF MOBILE CRANES PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 MAY 2021

Application for approval of the BSF Mobile Cranes Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the BSF Mobile Cranes 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 - Manufacturing Division pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] 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.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2021. The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Building and Construction Subcontractors’ Fair Entitlements Guarantee Mobile Cranes Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The applicants were the Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division and CFMMEU Queensland Building and Construction Division, who sought approval for the agreement, which was intended to govern the employment terms and conditions of workers engaged in the construction of the Southern Queensland Correctional Precinct Stage 2 Project in Greenfields.

The primary legal issue before the Commission was whether the proposed agreement was in the public interest and met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for appropriate protections for workers' entitlements and whether it adhered to the principles of the Fair Work Act, including those concerning the protection of workers' rights and ensuring fair and equitable treatment. The Commission also considered whether the agreement was consistent with the broader objectives of the Building and Construction Industry Security of Payment Act 1999.

In its decision, the Commission found that the agreement was in the public interest and met the statutory requirements. The Commission noted that the agreement provided for the enforcement of workers' entitlements, including provisions for the payment of entitlements and the resolution of disputes. The Commission was satisfied that the agreement complied with the principles of the Fair Work Act and was consistent with the broader objectives of the Building and Construction Industry Security of Payment Act. The Commission also considered the impact of the agreement on the parties involved and the broader industry, concluding that the agreement would promote stability and fairness in the workplace.

The Commission approved the agreement, subject to certain conditions designed to ensure ongoing compliance with the Fair Work Act and other relevant legislation. The final orders included the approval of the agreement, with the condition that the applicants provide regular reports to the Commission on compliance and any issues arising from the implementation of the agreement. The Commission also reserved the right to review the agreement and take further action if necessary to ensure compliance with the statutory requirements.

Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established