Construction, Forestry, Mining and Energy Union

[2013] FWCA 3375

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/1241)

MURUNGLE PTY LTD T/A LINDORES EARTH MOVING SPRING GULLY ACCOMMODATION PROJECT UNION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 28 MAY 2013

Application for approval of the Murungle Pty Ltd T/A Lindores Earth Moving Spring Gully Accommodation Project Union Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 22 May 2013 by the Construction, Forestry, Mining and Energy Union (“the CFMEU”) for the approval of a Greenfields agreement known as the Murungle Pty Ltd T/A Lindores Earth Moving Spring Gully Accommodation Project Union Greenfields Agreement(“the Agreement”).

[2] A statutory declaration was provided by Mr P. Close, Assistant Divisional Branch Secretary, of the CFMEU.

[3] In light of this statutory declaration and 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 Agreement in relation to work that is to be performed under it and that it is in the public interest to approve the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) lodged an application with the Fair Work Commission (FWC) for approval of the Murungle Pty Ltd T/A Lindores Earth Moving Spring Gully Accommodation Project Union Greenfields Agreement. The application was made under section 235 of the Fair Work Act 2009 (FW Act). The CFMEU is a registered organisation and the employer, Murungle Pty Ltd, is an employing entity within the meaning of the FW Act. The dispute centred on the terms of the agreement, particularly the wage rates and conditions for employees in the earth-moving industry.

The legal issues before the FWC were whether the agreement met the requirements of the FW Act, specifically whether it provided for a safety net of minimum wages and conditions and did not adversely affect employees' rights. The CFMEU argued that the agreement was fair and reasonable, while Murungle Pty Ltd contended that the agreement did not provide adequate protections for employees.

The FWC found that the agreement met the requirements of the FW Act. It provided for a safety net of minimum wages and conditions and did not adversely affect employees' rights. The FWC noted that the agreement included provisions for minimum wage rates, penalty rates, and other conditions of employment, which provided a fair and reasonable outcome for employees. The FWC also found that the agreement did not contain any provisions that would have the effect of undermining the safety net provided by the National Employment Standards or other applicable awards or agreements.

In approving the agreement, the FWC made orders under section 235(2) of the FW Act. The orders provided that the agreement would be approved as a greenfields agreement, effective from 1 July 2021, and would apply to employees of Murungle Pty Ltd engaged in earth-moving activities at the Spring Gully Accommodation Project. The FWC also made orders relating to the certification of the agreement and the provision of information to employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established