DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/341)

SAFE AND SOUND LABOUR HIRE PTY LTD AND CFMEU (WA) GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 FEBRUARY 2015

Application for approval of the Safe and Sound Labour Hire Pty Ltd and CFMEU (WA) Greenfields Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the Safe and Sound Labour Hire Pty Ltd and CFMEU (WA) Greenfields Agreement 2015 (the Agreement). The application was made by Construction, Forestry, Mining and Energy Union 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, 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2015. The nominal expiry date of the Agreement is 26 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for the approval of the Safe and Sound Labour Hire Pty Ltd and CFMEU (WA) Greenfields Agreement 2015, the Fair Work Commission was required to consider the terms of the agreement and determine whether it met the necessary criteria for approval. The applicant, Safe and Sound Labour Hire Pty Ltd, sought approval for the agreement, which was negotiated with the Construction, Forestry, Mining and Energy Union (WA Branch). The agreement was intended to cover workers employed in the labour hire industry within Western Australia.

The central legal issue before the Commission was whether the terms of the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement provided for minimum terms of employment, including rates of pay and conditions of work, and if it included a dispute resolution procedure. Furthermore, the Commission was tasked with ensuring that the agreement did not discriminate against any group of employees and was consistent with the broader objectives of the Fair Work Act.

After careful consideration of the evidence and arguments presented, the Fair Work Commission determined that the agreement met the necessary criteria for approval. The Commission found that the agreement provided for adequate minimum terms of employment and included a dispute resolution procedure. It was also satisfied that the agreement did not discriminate against any group of employees and aligned with the broader objectives of the Fair Work Act. Consequently, the Commission approved the Safe and Sound Labour Hire Pty Ltd and CFMEU (WA) Greenfields Agreement 2015.

The Fair Work Commission ordered that the agreement be approved and registered, effective from the date of the decision. The Commission also directed that the agreement be published on its website and provided to the parties involved. The decision provided clarity and certainty for the parties and established a framework for the employment of workers in the labour hire industry in Western Australia.

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