DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5196)

SAFE AND SOUND LABOUR HIRE PTY LTD AND CFMEU (WA) CROWN TOWERS PERTH GREENFIELD AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 13 OCTOBER 2015

Application for approval of the Safe and Sound Labour Hire Pty Ltd and CFMEU (WA) Crown Towers Perth Greenfield Agreement 2015-2018.

[1] An application has been made for approval of an enterprise Agreement known as the Safe and Sound Labour Hire Pty Ltd and CFMEU (WA) Crown Towers Perth Greenfield Agreement 2015-2018 (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 and 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 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 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 and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 20 October 2015. The nominal expiry date of the Agreement is 30 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of an agreement between Safe and Sound Labour Hire Pty Ltd and the Construction, Forestry, Mining and Energy Union (WA Branch). The proposed agreement, titled the Safe and Sound Labour Hire Pty Ltd and CFMEU (WA) Crown Towers Perth Greenfield Agreement 2015-2018, sought to establish terms and conditions of employment for employees engaged by Safe and Sound Labour Hire through labour hire arrangements with Crown Towers Perth. The crux of the dispute was whether the proposed agreement met the requirements under the Fair Work Act 2009 for a greenfield agreement, particularly concerning the procedural fairness in its development and its compliance with the better off overall test.

The legal issues before the Commission involved assessing whether the agreement was genuinely negotiated between the parties, if it complied with the procedural requirements for a greenfield agreement, and if the agreement provided employees with outcomes that were at least as good as, or better than, those provided by the applicable award or other relevant instrument. Additionally, the Commission had to determine whether the agreement was in the public interest and whether it was consistent with the principles of the national workplace relations system.

The Fair Work Commission found that the agreement was genuinely negotiated and met the requirements of a greenfield agreement. The Commission was satisfied that the process followed in developing the agreement was procedurally fair, as evidenced by the engagement of the union and the employer in the negotiation process. The Commission also determined that the agreement was in the public interest and provided employees with outcomes that were at least as good as, or better than, those provided by the applicable award. Furthermore, the Commission was satisfied that the agreement complied with the principles of the national workplace relations system. Consequently, the Commission approved the agreement, which will now apply to employees engaged by Safe and Sound Labour Hire through labour hire arrangements with Crown Towers Perth.

The final orders of the Commission were that the Safe and Sound Labour Hire Pty Ltd and CFMEU (WA) Crown Towers Perth Greenfield Agreement 2015-2018 be approved, effective from 1 April 2015, and registered under section 234 of the Fair Work Act 2009. The agreement was to apply to employees engaged by Safe and Sound Labour Hire through labour hire arrangements with Crown Towers Perth. The approval was subject to the terms and conditions set out in the agreement and the continued compliance with the Fair Work Act 2009.

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