DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/10395)

WOOD WORKINGS PTY LTD AND CFMEU (WA) (OLD TREASURY BUILDING) GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT SMITH	MELBOURNE, 27 JANUARY 2015

Application for approval of the Wood Workings Pty Ltd and CFMEU (WA) (Old Treasury Building) Greenfields Agreement 2014.

[1] An application has been made for approval of a greenfields agreement known as the Wood Workings Pty Ltd and CFMEU (WA) (Old Treasury Building) Greenfields Agreement 2014 (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 Construction, Forestry, Mining and Energy Union are 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 Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2015. The nominal expiry date of the Agreement is 31 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Construction, Forestry, Mining and Energy Union (CFMEU) and Wood Workings Pty Ltd applied for the approval of a greenfields agreement, referred to as the Old Treasury Building Agreement 2014. The agreement sought to establish terms and conditions for employees who would be employed in the construction of the Old Treasury Building in Western Australia. The primary dispute centred on whether the agreement met the criteria set out under section 231 of the Fair Work Act 2009 for a greenfields agreement to be approved.

The legal issues before the court included the interpretation of the term "greenfields agreement" and whether the proposed agreement adequately protected employees' rights and interests. The court was required to determine if the agreement provided appropriate safeguards for workers, including provisions for minimum wages, conditions, and dispute resolution mechanisms, and whether it complied with the statutory requirements outlined in the Fair Work Act. The court also considered the implications of the agreement on the broader industrial relations framework in the construction industry.

In delivering its judgment, the court found that the Old Treasury Building Agreement 2014 satisfied the legislative requirements for a greenfields agreement. The court acknowledged that the agreement provided for fair wages, reasonable working conditions, and effective dispute resolution processes. It was also noted that the agreement was consistent with the principles of the Fair Work Act, which aims to create a balanced framework for industrial relations. The court concluded that the agreement did not disadvantage employees and thus approved the application for the agreement's registration. The court's decision reinforced the importance of ensuring that greenfields agreements adequately protect workers' rights while facilitating industrial development.

The final orders of the court were that the Old Treasury Building Agreement 2014 be approved and registered under the Fair Work Act. This approval meant that the agreement could now be applied to the construction of the Old Treasury Building, providing a legally binding framework for the employment of workers involved in the project. The decision also underscored the role of the Fair Work Commission in reviewing and approving such agreements to ensure compliance with labour standards and protections.

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