DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5197)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 OCTOBER 2015

Application for approval of the Safe and Sound Labour Hire Pty Ltd and CFMEU (WA) New Perth Stadium 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) New Perth Stadium 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 16 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 Fair Work Commission heard an application for approval of the Safe and Sound Labour Hire Pty Ltd and Construction, Forestry, Mining and Energy Union (WA Branch) New Perth Stadium Greenfield Agreement 2015-2018. The applicant, Safe and Sound Labour Hire Pty Ltd, sought to have the proposed agreement approved as a greenfields agreement under the Fair Work Act 2009. The application was contested by the respondents, the Construction, Forestry, Mining and Energy Union (WA Branch) and the Australian Building and Construction Commission. The central issue before the Commission was whether the agreement met the statutory requirements for approval as a greenfields agreement, including whether the agreement provided for a good faith bargaining process and whether it was in the best interests of the employees covered by the agreement.

The Commission found that the proposed agreement did meet the statutory requirements for approval as a greenfields agreement. The Commission considered that the agreement provided for a good faith bargaining process, as the parties had engaged in genuine and meaningful discussions in good faith throughout the bargaining process. The Commission also found that the agreement was in the best interests of the employees covered by the agreement, as it provided for a comprehensive set of terms and conditions of employment that were fair and reasonable, and that took into account the needs and interests of both the employer and the employees. The Commission noted that the agreement provided for a number of benefits for employees, including a wage increase, improved leave entitlements, and provisions for job security and training.

Following the decision, the Fair Work Commission approved the Safe and Sound Labour Hire Pty Ltd and Construction, Forestry, Mining and Energy Union (WA Branch) New Perth Stadium Greenfield Agreement 2015-2018 as a greenfields agreement. The agreement will now apply to employees engaged by Safe and Sound Labour Hire Pty Ltd to work on the construction of the new Perth stadium project. The Commission's decision provides clarity on the requirements for approval of greenfields agreements and provides a useful guide for future bargaining between employers and unions in the construction industry.

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