Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 1495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/12753)

SAFE AND SOUND LABOUR HIRE PTY LTD - BROOKFIELD PLACE TOWER TWO AND CFMEU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 MARCH 2014

Application for approval of the Safe and Sound Labour Hire 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 Safe and Sound Labour Hire Pty Ltd- Brookfield Place Tower Two and CFMEU Greenfields Agreement 2013 (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 3 March 2014 and, in accordance with s.54, will operate from 10 March 2014. The nominal expiry date of the Agreement is 3 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFME) applied to the Fair Work Commission (FWC) for approval of an enterprise agreement made with Safe and Sound Labour Hire Pty Ltd in relation to the construction of Brookfield Place Tower Two. Safe and Sound Labour Hire Pty Ltd is a labour hire company contracted to provide labour to Brookfield Multiplex for the construction of the Tower. The CFMEU is an industrial union with members employed by Safe and Sound. The FWC must approve an enterprise agreement if it determines that the agreement is fair and consistent with the national workplace relations system. The dispute centred on whether the agreement was consistent with the national workplace relations system and was fair and reasonable in all its terms.

The main legal issues before the FWC were whether the agreement met the requirements for approval under the Fair Work Act 2009 and whether it was fair and reasonable in all its terms. The CFMEU argued that the agreement was consistent with the national workplace relations system and was fair and reasonable. Safe and Sound argued that certain provisions of the agreement were inconsistent with the national workplace relations system and were not fair and reasonable. The FWC needed to consider the arguments of both parties and determine whether the agreement met the legal requirements for approval.

The FWC found that the agreement was consistent with the national workplace relations system and was fair and reasonable in all its terms. The FWC noted that the agreement provided for a fair and reasonable rate of pay and conditions for the employees covered by the agreement. The FWC also noted that the agreement provided for a dispute resolution process that was fair and reasonable. The FWC rejected Safe and Sound's argument that certain provisions of the agreement were inconsistent with the national workplace relations system. The FWC approved the agreement, which will now apply to the employees covered by it.

The FWC approved the Safe and Sound Labour Hire Pty Ltd- Brookfield Place Tower Two and CFMEU Greenfields Agreement 2013. The agreement will now apply to the employees covered by it.

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