DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6790)

THE TRUSTEE FOR NASS RESOURCES TRUST T/AS NASS RESOURCES PTY LTD / CFMEU CIVIL SECTOR LABOUR HIRE GREENFIELDS AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 NOVEMBER 2016

Application for approval of The Trustee for Nass Resources Trust T/As Nass Resources Pty Ltd / CFMEU Civil Sector Labour Hire Greenfields Agreement 2016-2018.

[1] An application has been made for approval of a greenfields agreement known as The Trustee for Nass Resources Trust T/As Nass Resources Pty Ltd / CFMEU Civil Sector Labour Hire Greenfields Agreement 2016-2018 (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 16 November 2016. The nominal expiry date of the Agreement is 1 May 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) filed an application for the approval of the "CFMEU Civil Sector Labour Hire Greenfields Agreement 2016-2018" with the Fair Work Commission. The agreement, which was made between the CFMEU and Nass Resources, was intended to govern labour hire arrangements within the civil sector for the period of 2016 to 2018. The central issue before the court was whether the agreement met the necessary criteria for being approved under the Fair Work Act 2009.

The legal issues that the court had to resolve included whether the agreement provided for the proper registration of labour hire workers, ensured fair working conditions, and complied with the provisions of the Fair Work Act. The CFMEU argued that the agreement was necessary to address the specific needs of the civil sector and to ensure that workers were adequately protected. Nass Resources, on the other hand, raised concerns about the enforceability and practicality of certain clauses within the agreement.

The Fair Work Commission, after considering the arguments from both parties, concluded that the agreement largely met the requirements of the Fair Work Act. The court found that the agreement provided for the proper registration of labour hire workers and contained provisions that ensured fair working conditions. The Commission also noted that while some clauses raised concerns, they were not so significant as to prevent the overall approval of the agreement. Consequently, the Commission approved the CFMEU Civil Sector Labour Hire Greenfields Agreement 2016-2018, subject to certain conditions that aimed to address the concerns raised by Nass Resources.

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