Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1582

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/523)

MIRVAC SPRING GULLY ACCOMMODATION PROJECT UNION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 14 MARCH 2013

Application for approval of the Mirvac 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 7 March 2013 by the Construction, Forestry, Mining and Energy Union (“the CFMEU”) for the approval of a Greenfields agreement known as the Mirvac Spring Gully Accommodation Project Union Greenfields Agreement(“the Agreement”).

[2] A statutory declaration was provided by Mr J. Ingham, 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

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union applied to the Fair Work Commission for approval of the Mirvac Spring Gully Accommodation Project Union Greenfields Agreement. The applicant argued the agreement was suitable for registration and approval, and that it was in the interests of the employees. Mirvac opposed the application on the basis that the agreement had not been fairly negotiated as required by section 231 of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the application should be approved and, if so, whether it should be approved with modifications.

The Commission held that the agreement had been fairly negotiated and that the applicant had discharged the onus of proving that it was suitable for registration. The Commission found that the agreement contained provisions that were in the interests of the employees and that it was in accordance with the national workplace relations framework. The Commission also found that the agreement had been made in good faith and that the applicant had acted in a manner consistent with the principles of enterprise bargaining.

The Commission approved the application for approval of the agreement, with the modifications proposed by the applicant. The modifications included changes to the agreement's termination and variation provisions, as well as changes to the agreement's dispute resolution procedures. The Commission considered that these modifications were necessary to ensure that the agreement was in accordance with the national workplace relations framework and that it provided for the fair and effective resolution of disputes between the parties.

The Commission made an order approving the Mirvac Spring Gully Accommodation Project Union Greenfields Agreement, with the modifications proposed by the applicant. The order also directed that the agreement be registered by the Registrar of the Fair Work Commission. The order was made on the basis that the agreement was suitable for registration and approval, and that it was in the interests of the employees.

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