DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1738)

VARI LABOUR PTY LTD AND THE CONSTRUCTION FORESTRY MINING AND ENERGY UNION GREENFIELDS AGREEMENT (ACT) 2015-2016

Australian Capital Territory
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 FEBRUARY 2015

Application for approval of the Vari Labour Pty Ltd and the Construction Forestry Mining and Energy Union Greenfields Agreement (ACT) 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Vari Labour Pty Ltd and the Construction Forestry Mining and Energy Union Greenfields Agreement (ACT) 2015-2016. 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 ACT Branch. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Based on statutory declaration provided by the organisation, I am satisfied that The Construction Forestry Mining and Energy Union (ACT Branch), the employee organisation to be covered by the agreement, 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.

[4] The Agreement was approved on 23 February 2015 and, in accordance with s.54, will operate from 2 March 2015. The nominal expiry date of the Agreement is 1 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of a greenfields agreement with Vari Labour Pty Ltd. The agreement was proposed to govern the employment of workers in the construction, forestry, mining, and energy sectors. The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement was fair and reasonable, and met all the requirements for approval. The agreement provided for terms and conditions that were consistent with the Fair Work Act's objectives, including the protection of workers' rights and interests, and the promotion of harmonious, productive, and cooperative workplace relations. The agreement also provided for a dispute resolution process that was efficient and effective, and provided for the protection of workers' rights to freedom of association. The Commission approved the agreement, and it came into effect on 1 July 2015.

The Commission's decision highlights the importance of ensuring that greenfields agreements meet the requirements for approval under the Fair Work Act. The agreement in this case was found to be fair and reasonable, and provided for terms and conditions that were consistent with the objectives of the Act. The decision also highlights the importance of providing for an efficient and effective dispute resolution process in greenfields agreements, to ensure that workers' rights and interests are protected.

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