Construction, Forestry, Mining and Energy Union

[2014] FWCA 1003

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/239)

RELIABILITY AIR PTY LTD AND CFMEU (WA) (OLD TREASURY BUILDING) GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 11 FEBRUARY 2014

Application for approval of the Reliability Air Pty Ltd and CFMEU (WA) (Old Treasury Building) Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Reliability Air Pty Ltd and CFMEU (WA) (Old Treasury Building) 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 31 October 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, the Construction, Forestry, Mining and Energy Union (CFME) sought approval of the Reliability Air Pty Ltd and CFMEU (WA) (Old Treasury Building) Greenfields Agreement 2014. The applicant union and the employer were engaged in a dispute over the terms and conditions of employment for workers at the Old Treasury Building, and the agreement aimed to resolve those issues. The matter was brought before the court to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement provided for the proper operation of the enterprise, and whether it met the requirements for good faith bargaining as outlined in the Fair Work Act. The court needed to examine the terms of the agreement, the process by which it was negotiated, and whether the agreement was made in good faith, without any coercion or undue influence. Furthermore, the court had to consider whether the agreement provided for the proper operation of the enterprise, including adequate provisions for the protection of workers' health, safety, and welfare.

The court found that the agreement was made in good faith and met the requirements for proper operation of the enterprise. It held that the agreement contained appropriate provisions for the protection of workers' health, safety, and welfare, and that the process of negotiation was fair and transparent. The court concluded that the agreement was in the best interests of the employees and was likely to promote harmonious, productive, and cooperative workplace relations. The court approved the agreement, finding it met the necessary criteria under the Fair Work Act.

The final orders of the court included the approval of the Reliability Air Pty Ltd and CFMEU (WA) (Old Treasury Building) Greenfields Agreement 2014, with specific provisions regarding wages, hours of work, leave, and other employment conditions. The agreement was to be registered with the Fair Work Commission and would have effect from the date of the court's approval. The court also ordered that the agreement would remain in force until such time as it was terminated or varied by a subsequent registered agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established