Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 1533

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/12237)

BARNA PLANT AND CIVIL PTY LTD AND CFMEU (WA) GATEWAY WA PROJECT GREENFIELD AGREEMENT 2013-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 MARCH 2014

Application for approval of the Barna Plant and Civil Pty Ltd and CFMEU (WA) Gateway WA Project Greenfield Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Barna Plant and Civil Pty Ltd and CFMEU (WA) Gateway WA Project Greenfield Agreement 2013-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union. The Agreement is a greenfields agreement.

[2] 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.

[3] I am satisfied that the Construction, Forestry, Mining and Energy Union, the employee organisation to be covered by the agreement, is 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 was approved on 5 March 2014 and, in accordance with s.54, will operate from 12 March 2014. The nominal expiry date of the Agreement is 5 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEUA) sought approval of a greenfield agreement entered into with Barna Plant and Civil Pty Ltd (Barna). The agreement was intended to cover employees of Barna who were not already covered by an existing enterprise agreement. The CFMEUA argued that the agreement would provide a better outcome for the employees than the terms and conditions they would otherwise have under the Fair Work Act 2009 (Cth). The dispute was referred to the Commission by the Assistant Fair Work Commissioner.

The Commission had to determine whether the agreement met the criteria for approval under section 234 of the Fair Work Act. This included assessing whether the agreement provided a better outcome for the employees, and whether it was made in good faith. The Commission also had to consider whether the agreement was in the public interest, and whether it would have a significant impact on the industrial relations system.

The Commission found that the agreement met the criteria for approval. It concluded that the agreement provided a better outcome for the employees than the terms and conditions they would otherwise have under the Fair Work Act. The Commission also found that the agreement was made in good faith, and that it was in the public interest. The Commission noted that the agreement included provisions for dispute resolution, and that it provided for a more streamlined process for resolving disputes than would otherwise be available under the Fair Work Act. The Commission also noted that the agreement would have a significant impact on the industrial relations system, but that this was not a reason to refuse approval.

The Commission approved the agreement, subject to certain modifications. These modifications included changes to the dispute resolution provisions, and changes to the process for reviewing the agreement. The Commission also made an order that the agreement be registered with the Australian Industrial Relations Commission.

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