Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 3144

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/1037)

FIRE TECHNOLOGIES AUSTRALIA PTY LTD - BROOKFIELD PLACE TOWER TWO AND CFMEU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 7 AUGUST 2014

Application for approval of the Fire Technologies Australia Pty 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 Fire Technologies Australia Pty Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is at the completion of the Project or 2 years from the date of this decision, whichever comes first.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Fire Technologies Australia Pty Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2014. This agreement was a registered enterprise agreement, and the Construction, Forestry, Mining and Energy Union (CFMEU) sought its approval. The application was brought by the CFMEU, and the opposition came from Fire Technologies Australia Pty Ltd. The primary concern was the terms and conditions of employment outlined in the agreement, particularly regarding the application of the agreement to employees working at the Brookfield Place Tower Two project. The Fair Work Commission was the tribunal handling the case.

The legal issues that the court had to decide upon were whether the agreement was a "single enterprise agreement" and whether it complied with the requirements of section 230 of the Fair Work Act 2009. The key question was whether the agreement could be applied to employees working at the Brookfield Place Tower Two project, given that the agreement was registered under the name of Fire Technologies Australia Pty Ltd, but the employees in question were actually employed by Brookfield Multiplex. The court also had to consider whether the agreement met the requirements of being a "good faith" agreement and whether it was in the best interest of the employees.

The court examined the definition of "enterprise" under the Fair Work Act 2009 and found that the agreement was indeed a "single enterprise agreement" as it was registered under the name of the employer. The court held that the agreement was applicable to the employees working at the Brookfield Place Tower Two project, as they were considered part of the same enterprise. Furthermore, the court determined that the agreement was made in good faith and was in the best interest of the employees. The application for approval was granted, and the agreement was approved as a registered enterprise agreement.

The Fair Work Commission approved the Fire Technologies Australia Pty Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2014 as a registered enterprise agreement, confirming its applicability to the employees working at the Brookfield Place Tower Two project. The decision was based on the court's interpretation of the Fair Work Act 2009 and the principles of good faith and the best interest of the employees.

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