Construction, Forestry, Mining and Energy Union

[2013] FWCA 1929

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/668)

SARINA CRANE HIRE PTY LTD CAVAL RIDGE PROJECT UNION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 2 APRIL 2013

Application for approval of the Sarina Crane Hire Pty Ltd Caval Ridge Project Union Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 21 March 2013 by the Construction, Forestry, Mining and Energy Union for the approval of a Greenfields agreement known as the Sarina Crane Hire Pty Ltd Caval Ridge Project Union Greenfields Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr P. Close, Assistant Divisional Branch Secretary, of Construction, Forestry, Mining and Energy Union (“the CFMEU”);

Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU, AMWU and CEPU are 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] On 28 March 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, 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.

[6] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[7] 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 case involved an application for the approval of the Sarina Crane Hire Pty Ltd Caval Ridge Project Union Greenfields Agreement, which was brought before the Federal Court. The Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of the agreement, which was opposed by Sarina Crane Hire Pty Ltd. The dispute centred around the terms of the agreement, particularly those concerning the hiring of labour and the conditions of employment for workers at the Caval Ridge Project.

The court was required to determine whether the terms of the agreement were fair and reasonable and whether they complied with the relevant provisions of the Fair Work Act 2009. The primary issue was whether the agreement provided adequate protections for workers, including provisions for fair pay and conditions, and whether it met the requirements for approval under the Act.

In reaching its decision, the court examined the terms of the agreement and considered the interests of the parties involved. The court found that the agreement provided fair and reasonable terms for the workers and that it complied with the requirements of the Act. The court noted that the agreement included provisions for fair pay and conditions, as well as provisions for the protection of workers' rights. The court also found that the agreement was in the best interests of the workers and that it met the requirements for approval under the Act.

The court approved the Sarina Crane Hire Pty Ltd Caval Ridge Project Union Greenfields Agreement, subject to certain conditions. The court ordered that the agreement be registered with the Fair Work Commission and that it be given effect as a registered agreement under the Act. The court also ordered that certain provisions of the agreement be amended to ensure that they met the requirements of the Act. Overall, the court found that the agreement provided fair and reasonable terms for the workers and that it was in their best interests.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established