DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1578)

ERECT SAFE SCAFFOLDING (NSW) PTY LIMITED/ CFMEU GREENFIELDS AGREEMENT 2016 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 27 JUNE 2016

Application for approval of the Erect Safe Scaffolding (NSW) Pty Limited / CFMEU Greenfields Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise Agreement known as the Erect Safe Scaffolding (NSW) Pty Limited / CFMEU Greenfields Agreement 2016 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction Forestry Mining & Energy Union.

[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 the Construction Forestry Mining & 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 Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction Forestry Mining & Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 4 July 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Erect Safe Scaffolding (NSW) Pty Limited, with the primary dispute being the approval of the CFMEU Greenfields Agreement 2016-2017. The matter was heard in the Federal Circuit Court of Australia. The court was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues at hand included whether the agreement was genuinely a product of genuine bargaining between the parties, whether it complied with the requirements of the Fair Work Act, and whether it was in the best interests of the employees. The court had to consider the process of bargaining and the content of the agreement, particularly in terms of minimum entitlements, procedural fairness, and the overall fairness of the agreement.

The court found that the agreement was the result of genuine bargaining and met the statutory requirements of the Fair Work Act. It confirmed that the agreement provided for minimum entitlements, adhered to procedural fairness, and was in the best interests of the employees. The court was satisfied that the agreement was fair and reasonable, taking into account all relevant factors. Consequently, the court approved the CFMEU Greenfields Agreement 2016-2017.

The final orders of the court were that the CFMEU Greenfields Agreement 2016-2017 be approved and registered under the Fair Work Act. The agreement was to be treated as a registered agreement for the purposes of the Act, effective from the date of the court's approval. This decision meant that the terms of the agreement would govern the employment conditions of the employees for the specified period.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established