Construction, Forestry, Mining and Energy Union

[2014] FWCA 4371

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Construction, Forestry, Mining and Energy Union
(AG2014/6554)

GREENFORM WORK GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 3 JULY 2014

Application for approval of the Greenform Work Group Pty Ltd / CFMEU Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Greenform Work Group Pty Ltd / CFMEU Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union (CFMEU) and Green Formwork Group Pty Ltd. The Agreement is a Greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the CFMEU, which I note will be covered by the Agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 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 the CFMEU 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the application for approval of the Greenform Work Group Pty Ltd / CFMEU Collective Agreement 2014. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for this agreement, which was entered into between Greenform Work Group Pty Ltd and the union. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues the court needed to decide included whether the agreement provided for the proper management of workplace relations by facilitating a cooperative workplace, and whether it met the criteria for being a registered agreement. Specifically, the court had to examine if the agreement contained all the required terms and conditions and if it was consistent with the provisions of the Fair Work Act. Additionally, the court needed to consider if the agreement had been genuinely bargained between the parties and if it provided adequate protections for employees.

In reaching its decision, the Fair Work Commission considered the statutory requirements and examined the content of the agreement. The court found that the agreement contained all the necessary terms and conditions, was consistent with the Fair Work Act, and had been genuinely negotiated between the parties. The Commission noted that the agreement provided for the proper management of workplace relations and contained adequate protections for employees. Consequently, the court approved the agreement, finding it met the statutory criteria for registration.

The final orders of the court were that the Greenform Work Group Pty Ltd / CFMEU Collective Agreement 2014 be approved and registered under the Fair Work Act 2009. The court directed that the agreement be published in the Fair Work Commission's register of approved agreements, thereby ensuring its legal enforceability.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established