Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 1541

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/415)

CUBIC MANAGEMENT SERVICES PTY LTD - BROOKFIELD PLACE TOWER TWO AND CFMEU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 6 JUNE 2014

Application for approval of the Cubic Management Services 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 Cubic Management Services 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 two 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 Cubic Management Services Pty Ltd. The dispute pertained to the CFMEU's application for the approval of an agreement between the union and Cubic Management Services Pty Ltd, titled the CFMEU Greenfields Agreement 2014. This case was heard by the Fair Work Commission (FWC) in Australia.

The central legal issues before the FWC were whether the agreement met the necessary criteria for approval under the Fair Work Act 2009 and whether the agreement was genuinely bargained and not the result of any form of coercion. The FWC had to consider whether the agreement provided fair and equitable terms for the employees covered by it, and whether the process of agreement-making was fair and in good faith.

The FWC found that the CFMEU Greenfields Agreement 2014 was genuinely bargained and met the criteria for approval. The Commission concluded that the agreement was made in good faith, provided fair and equitable terms for the employees, and was not the result of any form of coercion. The FWC considered the evidence presented by both parties, the process of agreement-making, and the terms of the agreement, before making its decision. As a result, the FWC approved the CFMEU Greenfields Agreement 2014.

The Fair Work Commission approved the CFMEU Greenfields Agreement 2014, recognising the agreement as meeting the necessary criteria for approval under the Fair Work Act 2009. The Commission found that the agreement was genuinely bargained, provided fair and equitable terms for the employees, and was not the result of any form of coercion. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are regulated by this legally binding document.

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