Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 6078

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/1905)

BENZ INDUSTRIES WA PTY LTD - BROOKFIELD PLACE TOWER TWO AND CFMEU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 SEPTEMBER 2014

Application for approval of the Benz Industries WA Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Benz Industries WA Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2014 (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. The Agreement is a greenfields agreement.

[2] 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] 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.

[4] 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.

[5] The Agreement was approved on 3 September 2014 and, in accordance with s.54, will operate from 10 September 2014. The nominal expiry date of the Agreement is 2 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Benz Industries WA Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2014. The dispute arose from a proposed development at Brookfield Place Tower Two in Perth, Western Australia, where the Benz Industries WA Ltd was the developer, and the CFMEU was the union representing the workers. The application was heard in the Fair Work Commission (FWC), Australia's workplace relations tribunal.

The primary legal issue before the FWC was whether the proposed agreement between the Benz Industries WA Ltd and the CFMEU complied with the requirements of the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement was a genuine enterprise agreement, as defined by the Act, and whether it met the criteria for approval, such as being free from prohibited content, providing for proper consultation, and ensuring fair terms and conditions for the employees. The FWC also had to consider the impact of the agreement on the workers' rights and the overall fairness of the agreement to both parties.

In its decision, the FWC examined the evidence and submissions provided by both the Benz Industries WA Ltd and the CFMEU. The Commission found that the agreement was a genuine enterprise agreement as it was made between the employer and the union representing the employees. The FWC noted that the agreement was the result of proper consultation and negotiation processes and contained terms and conditions that were fair and reasonable. The Commission also confirmed that the agreement did not include any prohibited content and complied with the relevant provisions of the Fair Work Act. Based on these findings, the FWC approved the agreement.

The final orders of the FWC included the approval of the Benz Industries WA Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2014, effective from the date of the decision. The agreement was registered with the Commission, and both parties were bound by its terms. The FWC's decision provided certainty for the parties involved and ensured that the agreement met the legal requirements for a genuine enterprise agreement under the Fair Work Act.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established