Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1729

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/135)

HAYS SPECIALIST RECRUITMENT (AUSTRALIA) PTY LTD - CFMEU - GORGON PROJECT - BARROW ISLAND GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 19 MARCH 2013

Application for the approval of Hays Specialist Recruitment (Australia) Pty Ltd - CFMEU Gorgon Project Barrow Island Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hays Specialist Recruitment (Australia) Pty Ltd - CFMEU Gorgon Project Barrow Island Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] 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 31 December 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Mining and Energy Union (CFME) contested the Fair Work Commission's approval of Hays Specialist Recruitment (Australia) Pty Ltd's agreement under the Fair Work Act 2009. The CFMEU challenged the agreement related to the Gorgon Project on Barrow Island, asserting it contravened provisions concerning the right to bargain collectively and the protection of employees' rights. The application was heard by the Full Bench of the Fair Work Commission, which upheld the initial decision.

The primary legal issues addressed by the court involved whether the agreement violated the statutory rights of employees as outlined in the Fair Work Act. Specifically, the court had to consider if the agreement limited the union's ability to negotiate on behalf of its members and whether it undermined the employees' right to fair terms of employment. The court also examined the scope of the Commission's authority to approve such agreements.

The Full Bench of the Fair Work Commission meticulously reviewed the provisions of the agreement and the arguments presented by both parties. The court found that the agreement did not contravene the Fair Work Act. It concluded that the agreement's provisions were consistent with the statutory framework and did not restrict the union's collective bargaining rights or infringe upon the employees' rights. The court emphasised that the agreement facilitated a streamlined process for recruitment and employment without undermining the protections afforded under the Act.

Consequently, the application by the CFMEU was dismissed. The court upheld the approval of the agreement, confirming its compliance with the Fair Work Act. The Full Bench held that the agreement was a legitimate tool to ensure efficient recruitment processes without diminishing the rights of employees or the bargaining power of the union.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established