Construction, Forestry, Mining and Energy Union

[2014] FWCA 2886

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/924)

CREWEST PAINTING SERVICE PTY LTD - BROOKFIELD PLACE TOWER TWO AND CFMEU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 4 JULY 2014

Application for approval of the Crewest Painting Service Pty Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Crewest Painting Service Pty Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2013 (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 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 parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Crewest Painting Service Pty Ltd, with the dispute being the application for approval of the CFMEU Greenfields Agreement 2013 for the Brookfield Place Tower Two project. The case was heard by the Fair Work Commission. The legal issues that the court was required to decide were whether the agreement was in the interests of the employees and whether the agreement met the requirements of the Fair Work Act 2009.

The court found that the agreement was in the interests of the employees as it provided for a fair and reasonable workplace, including provisions for fair pay and conditions. The court also found that the agreement met the requirements of the Fair Work Act 2009, including the requirement for the agreement to be in writing and to be approved by the Fair Work Commission. The court considered the submissions made by the parties and the evidence presented, including the views of the employees and the employer. The court was satisfied that the agreement provided for a fair and reasonable workplace and that it met the requirements of the Fair Work Act 2009.

The court approved the application for the agreement to be registered, and the agreement is now a registered agreement under the Fair Work Act 2009. The agreement will apply to the employees of Crewest Painting Service Pty Ltd working on the Brookfield Place Tower Two project and will provide for their pay and conditions. The court's decision provides certainty for the parties and ensures that the employees will receive fair pay and conditions in their workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established