Construction, Forestry, Mining and Energy Union

[2013] FWCA 6495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2510)

C.A.S.C CONSTRUCTIONS PTY LTD - BROOKFIELD PLACE TOWER TWO AND CFMEU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 5 SEPTEMBER 2013

Application for approval of the C.A.S.C Constructions 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 C.A.S.C Constructions Pty Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2013 (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 at the completion of the Brookfield Place Tower Two Project or two years from the date of this decision, whichever comes first.

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 lodged an application for the approval of an enterprise agreement made with C.A.S.C Constructions Pty Ltd concerning the construction of Brookfield Place Tower Two. The agreement in question is the C.A.S.C Constructions Pty Ltd – Brookfield Place Tower Two and CFMEU Greenfields Agreement 2013. The dispute primarily centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically in terms of its compliance with the provisions concerning fair and reasonable terms and conditions of employment.

The legal issues before the court involved assessing whether the agreement contained provisions that were fair and reasonable, taking into account the statutory requirements for employee protections, as well as the nature and terms of the enterprise. The court had to determine if the agreement provided adequate protections for employees, including minimum rates of pay, maximum hours of work, leave entitlements, and other conditions that are fair and reasonable.

The court found that the agreement did not sufficiently provide for certain minimum rates of pay and maximum hours of work as required by the Fair Work Act 2009. These deficiencies were deemed significant enough to warrant disapproval of the agreement. Consequently, the court concluded that the agreement failed to meet the statutory criteria for fair and reasonable terms and conditions of employment. Therefore, the application for approval was dismissed. The court ordered that the agreement be returned to the parties for amendment, with specific directions to address the deficiencies identified in the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established