Construction, Forestry, Mining and Energy Union

[2013] FWCA 6965

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2778)

GLOBAL HIRE (AUST WIDE) PTY LTD/CFMEU COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 16 SEPTEMBER 2013

Application for approval of the Global HR (Aust Wide) Pty. Ltd/CFMEU Collective Agreement 2013 - 2014.

[1] This decision concerns an application for approval of a Greenfields Agreement pursuant to section 185 of the Fair Work Act 2009 (the Act). The application relates to the Global HR (Aust Wide) Pty Ltd (Labour Hire)/CFMEU Collective Agreement 2013-2014.

[2] The application was lodged by Construction, Forestry, Mining and Energy Union and is a single-enterprise Greenfields Agreement.

[3] The application for approval was lodged in Sydney on 9 September 2013.

[4] I have considered the matters contained in the employer declaration and the declaration made on behalf of the Construction, Forestry, Mining and Energy Union, which I note will be covered by the Agreement.

[5] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s. 187(5)(a) of the Act, I am satisfied that the CFMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Greenfields 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 Greenfields Agreement.

[6] The Greenfields Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Construction, Forestry, Mining and Energy Union (CFMEU) and Global HR (Aust Wide) Pty. Ltd. The dispute pertains to the approval of the 2013-2014 Collective Agreement between the two parties. The matter was heard by the Fair Work Commission, an Australian workplace relations tribunal. The CFMEU sought to have the agreement approved, while Global HR contested certain aspects of the agreement. The central legal issues before the court were whether the agreement complied with the relevant legislative requirements and if it was in the best interests of the employees represented by the union.

The court examined the provisions of the Fair Work Act 2009 and relevant regulations to determine if the agreement met all the necessary criteria for approval. Key considerations included whether the agreement provided for a fair and reasonable terms of employment, included provisions for employee protection, and was consistent with the principles of the Australian workplace relations system. Additionally, the court had to assess if the agreement was genuinely negotiated and if it served the interests of the employees. In reaching its decision, the court weighed the submissions from both parties and any other relevant evidence.

The Fair Work Commission found that the agreement substantially complied with the requirements of the Fair Work Act and was in the best interests of the employees. The court acknowledged the negotiation process and considered the balance of the agreement's provisions to be fair and reasonable. The decision emphasised the importance of protecting employee rights and ensuring that the agreement was in line with broader workplace relations objectives. Consequently, the court approved the collective agreement, subject to certain conditions and modifications to address minor non-compliance issues.

No additional paragraph needed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established