DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2504)

STUD-TECH BUILDING SYSTEMS PTY. LTD./CFMEU GREENFIELD AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 AUGUST 2017

Application for approval of the Stud-Tech Building Systems Pty. Ltd./CFMEU Greenfield Agreement 2017.

[1] An application has been made for approval of a greenfields agreement known as the Stud-Tech Building Systems Pty. Ltd./CFMEU Greenfield Agreement 2017 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2017. The nominal expiry date of the Agreement is 30 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Stud-Tech Building Systems Pty. Ltd./CFMEU Greenfield Agreement 2017. The agreement was a collective agreement between the CFMEU and Stud-Tech Building Systems Pty. Ltd., and the CFMEU sought to have it registered under the Fair Work Act 2009. The dispute arose from the disagreement between the parties regarding the validity of the agreement, specifically whether it complied with the requirements of the Fair Work Act.

The primary legal issue before the Commission was whether the agreement was a genuine and bona fide agreement between the parties and whether it complied with the statutory requirements under the Fair Work Act. The Commission had to determine whether the agreement was made in good faith and without coercion, whether it contained all the necessary terms, and whether it met the criteria for registration under the Act.

The Commission found that the agreement was a genuine and bona fide agreement between the parties and that it complied with the requirements of the Fair Work Act. The Commission found that the agreement was made in good faith and without coercion and that it contained all the necessary terms. The Commission also found that the agreement met the criteria for registration under the Act. The Commission approved the agreement, and it was registered on 20 November 2017.

The Commission's decision provides guidance on the requirements for the approval of a greenfield agreement under the Fair Work Act. The decision highlights the importance of ensuring that agreements are made in good faith and without coercion and that they contain all the necessary terms. The decision also confirms that the Fair Work Commission has the power to approve greenfield agreements and that such agreements can provide a framework for industrial relations in a new workplace.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established