DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/10231)

CEILCON AND CFMEU (WA) GREENFIELDS AGREEMENT 2014 (KINGS SQUARE PROJECT 3)

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 13 JANUARY 2015

Application for approval of the Ceilcon and CFMEU (WA) Greenfields Agreement 2014 (Kings Square Project 3).

[1] An application has been made for approval of an enterprise agreement known as the Ceilcon and CFMEU (WA) Greenfields Agreement 2014 (Kings Square Project 3) (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a greenfields agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from SAGL Pty Ltd T/A Ceilcon. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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.

[5] Based on statutory declaration provided by the organisation, I am satisfied that the Construction, Forestry, Mining and Energy Union, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2015. The nominal expiry date of the Agreement is 20 January 2017.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Ceilcon and CFMEU (WA) Greenfields Agreement 2014, specifically in relation to the Kings Square Project 3. The union, Construction, Forestry, Mining and Energy Union, sought approval for the agreement, which was a proposed enterprise agreement between Ceilcon, a construction company, and the union representing workers in the construction, forestry, mining and energy industries. The agreement sought to regulate various aspects of employment, including wages, working conditions, and dispute resolution mechanisms. The union argued that the agreement would provide better working conditions and benefits for the workers, while the employer contended that the proposed terms were unreasonable and would impose significant financial burdens.

The legal issues before the court involved assessing whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The court had to consider whether the agreement provided for the protection of employees' rights, provided for a fair and efficient way of determining employees' terms and conditions of employment, and whether it was made in good faith and without coercion. The court also had to determine whether the agreement was in the best interests of the employees and whether it complied with any relevant awards or agreements.

In delivering its decision, the Fair Work Commission found that the proposed agreement met the criteria for approval. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, working conditions, and dispute resolution mechanisms. The court also found that the agreement was made in good faith and without coercion, and that it was in the best interests of the employees. The court concluded that the agreement complied with relevant awards and agreements and provided for the protection of employees' rights. The court approved the proposed agreement, which will now be binding on the parties.

The final orders of the court included the approval of the Ceilcon and CFMEU (WA) Greenfields Agreement 2014 in relation to the Kings Square Project 3. The agreement will now be binding on the parties and will regulate various aspects of employment between Ceilcon and the union. The court's decision provides clarity and certainty for both the employer and the employees, and ensures that the agreement is fair and reasonable.

Construction, Forestry, Mining and Energy Union

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established