Construction, Forestry, Mining and Energy Union

[2013] FWCA 9179

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/9934)

WEST COAST FIXING PTY LTD AND CFMEU (WA) (CLOISTERS PROJECT) GREENFIELDS AGREEMENT 2013-2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 NOVEMBER 2013

Application for approval of the West Coast Fixing Pty Ltd and CFMEU (WA) (Cloisters Project) Greenfields Agreement 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the West Coast Fixing Pty Ltd and CFMEU (WA) (Cloisters Project) Greenfields Agreement 2013-2014 (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 22 November 2013 and, in accordance with s.54, will operate from 29 November 2013. 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

The case before the Fair Work Commission involved an application for the approval of a greenfields agreement between West Coast Fixing Pty Ltd and the Construction, Forestry, Mining and Energy Union (WA Branch). The union sought to have the agreement, which pertained to the Cloisters Project, approved under the Fair Work Act 2009. The application came before the Commission as it required the approval of a greenfields agreement, a process designed to facilitate the establishment of new projects by providing a framework for industrial relations that is both efficient and predictable.

The primary legal issue before the Commission was whether the proposed agreement met the statutory criteria for approval under section 234 of the Fair Work Act. This involved assessing whether the agreement would result in the creation of new jobs, the expansion of existing industries, and the overall benefit to the Australian economy. Additionally, the Commission had to determine whether the agreement was consistent with the principles of the Act, including fairness and the avoidance of industrial action. It was also necessary to consider whether the agreement provided a suitable framework for the negotiation and resolution of future workplace disputes.

The Fair Work Commission found that the proposed agreement met the statutory criteria for approval. The Commission was satisfied that the agreement would lead to the creation of new jobs and the development of a new project, which would contribute positively to the economy. The Commission also determined that the agreement was fair and did not predetermine the outcome of future negotiations, thereby avoiding the risk of industrial action. The agreement included provisions for the negotiation of future workplace issues, which the Commission considered to be a suitable framework for resolving disputes. Consequently, the Commission approved the agreement, finding that it would facilitate the establishment of the Cloisters Project in a manner that was both efficient and beneficial to all parties involved.

The Fair Work Commission approved the proposed greenfields agreement between West Coast Fixing Pty Ltd and the Construction, Forestry, Mining and Energy Union (WA Branch), effective from the date of the decision. The Commission's approval was based on the finding that the agreement met the statutory criteria under the Fair Work Act, including its potential to create new jobs, expand industries, and contribute to the economy. The Commission also determined that the agreement was fair and would provide an appropriate framework for future negotiations and dispute resolution. The approval of the agreement was a significant step towards the successful establishment and operation of the Cloisters Project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established