Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1252

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/12911)

MIRVAC HAMILTON PARK SOUTH (REEDY CREEK) PROJECT UNION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 26 FEBRUARY 2013

Application for approval of the Mirvac Hamilton Park South (Reedy Creek) Project Union Greenfields Agreement - read in conjunction with decision in [2013] FWC 912.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 10 December 2012 by the Construction, Forestry, Mining and Energy Union (“the CFMEU”) for the approval of a Greenfields agreement known as the Mirvac Hamilton Park South (Reedy Creek) 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. I note further that this approval decision should be read in conjunction with my decision in [2013] FWC 912.

[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) sought approval for the Mirvac Hamilton Park South (Reedy Creek) Project Union Greenfields Agreement. The application was brought before the Fair Work Commission, which had to determine whether the agreement complied with the requirements of the Fair Work Act 2009. The CFMEU argued that the agreement was necessary to ensure fair and equitable terms for workers involved in the project, while Mirvac contended that certain provisions of the agreement were overly prescriptive and not in line with the broader principles of the Act.

The legal issues before the Commission centred on whether the agreement appropriately balanced the rights of employees with the needs of the employer. Key among these was whether the provisions in the agreement that sought to regulate the working conditions of employees in a manner that Mirvac argued was overly restrictive, were justifiable under the Act. The Commission also had to consider whether the agreement's terms provided for a fair and equitable outcome for the workers, as mandated by the legislation.

In reaching its decision, the Commission examined the specific provisions of the agreement, assessing them against the statutory requirements and the broader objectives of the Fair Work Act. The Commission found that while some aspects of the agreement were indeed restrictive, they were necessary to ensure that the workers received fair and equitable treatment. The provisions were deemed to be within the bounds of what was permissible under the Act, as they were designed to protect the interests of the employees in a manner consistent with the principles of the legislation. Consequently, the Commission approved the agreement, noting its importance in achieving a balance between the rights of employees and the operational needs of the employer.

The Fair Work Commission approved the Mirvac Hamilton Park South (Reedy Creek) Project Union Greenfields Agreement, finding that it met the necessary legal standards under the Fair Work Act 2009.

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