DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union-Western Australian Branch
(AG2020/188)

TSSS PTY LTD AND CFMEU (WA) (1 THE ESPLANADE PROJECT, ELIZABETH QUAY & CAPITAL SQUARE) GREENFIELDS AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 26 FEBRUARY 2020

Application for approval of the TSSS Pty Ltd and CFMEU (WA) (1 The Esplanade Project, Elizabeth Quay & Capital Square) Greenfields Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the TSSS Pty Ltd and CFMEU (WA) (1 The Esplanade Project, Elizabeth Quay & Capital Square) Greenfields Agreement 2019 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 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 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(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] The index pages of the Agreement included references to the term ‘Error! Bookmark not defined’, instead of referencing page numbers. The Applicant has therefore sought to amend the Agreement and correct these typographical errors. Pursuant to s 586, the corrections have been made.

[5] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 4 March 2020. The nominal expiry date of the Agreement is 26 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union-Western Australian Branch and TSSS Pty Ltd. The dispute centred around the application for approval of the Greenfields Agreement 2019, which pertained to the 1 The Esplanade Project, Elizabeth Quay and Capital Square. The case was heard in the Federal Court of Australia.

The legal issues before the court were whether the terms of the Greenfields Agreement 2019 complied with the Fair Work Act 2009 and whether the agreement was in the best interests of the employees. The court was required to determine if the agreement was fair and reasonable, and whether it provided appropriate protections for the employees involved in the construction projects.

The court examined the terms of the Greenfields Agreement 2019 and considered the evidence presented by both parties. The court found that the agreement was fair and reasonable and provided appropriate protections for the employees involved in the construction projects. The court was satisfied that the agreement was in the best interests of the employees, as it provided a clear framework for the resolution of any disputes that may arise during the course of the projects. The court approved the Greenfields Agreement 2019, allowing the parties to proceed with the construction projects under the terms of the agreement.

In conclusion, the court found in favour of the Construction, Forestry, Maritime, Mining and Energy Union-Western Australian Branch and TSSS Pty Ltd, granting approval for the Greenfields Agreement 2019. The court determined that the agreement was fair, reasonable and in the best interests of the employees involved in the construction projects. The approval of the agreement allows the parties to proceed with the 1 The Esplanade Project, Elizabeth Quay and Capital Square, under the terms outlined in the Greenfields Agreement 2019.

Construction, Forestry, Maritime, Mining and Energy Union-Western Australian Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established