Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 3139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/1063)

RELIABILITY AIR PTY LTD - BROOKFIELD PLACE TOWER TWO AND CFMEU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 27 JUNE 2014

Application for approval of the Reliability Air 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 Reliability Air 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

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a new enterprise agreement between Reliability Air Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The proposed agreement, known as the CFMEU Greenfields Agreement 2014, was intended to govern the terms and conditions of employment for workers at Brookfield Place Tower Two. The application was heard by the Fair Work Commission, which was tasked with assessing the agreement under the Fair Work Act 2009.

The primary legal issues that the Commission needed to address were whether the agreement provided for the proper negotiation process, whether it contained the required minimum terms and conditions, and whether it met the other statutory requirements for approval. Specifically, the Commission needed to determine if the agreement was made in good faith and without coercion, if it included all the mandated minimum terms, and if it complied with the provisions of the Fair Work Act. Additionally, the Commission considered whether the agreement was in the best interests of the employees it was intended to cover.

The Fair Work Commission found that the agreement had been negotiated in good faith and that it contained all the necessary minimum terms and conditions. The Commission also determined that the agreement was fair and reasonable, and that it met the statutory requirements for approval. The Commission noted that the agreement provided for a structured negotiation process and that it contained provisions that were beneficial to the employees. Based on these findings, the Commission approved the CFMEU Greenfields Agreement 2014, effective from the date of the decision.

In its decision, the Fair Work Commission approved the CFMEU Greenfields Agreement 2014, effective from the date of the decision. The Commission determined that the agreement met all the necessary legal requirements and that it was in the best interests of the employees it was intended to cover. The approval of the agreement ensures that the terms and conditions of employment for the workers at Brookfield Place Tower Two are governed by a fair and reasonable enterprise agreement.

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