DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6277)

AUSTRAL INTERIORS PTY LTD AND THE CONSTRUCTION, FORESTRY, MINING & ENERGY UNION (ACT) UNIVERSITY OF CANBERRA PUBLIC HOSPITAL PROJECT GREENFIELDS AGREEMENT 2016

Australian Capital Territory
COMMISSIONER ROE	MELBOURNE, 24 OCTOBER 2016

Application for approval of the Austral Interiors Pty Ltd and the Construction, Forestry, Mining & Energy Union (ACT) University of Canberra Public Hospital Project Greenfields Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as the Austral Interiors Pty Ltd and the Construction, Forestry, Mining & Energy Union (ACT) University of Canberra Public Hospital Project Greenfields Agreement 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Austral Interiors Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.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 the Construction, Forestry, Mining and Energy Union 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 31 October 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application by Austral Interiors Pty Ltd and the Construction, Forestry, Mining & Energy Union (ACT) for approval of the University of Canberra Public Hospital Project Greenfields Agreement 2016. This agreement was intended to cover the construction of a new public hospital on the Greenfields campus in Canberra. The matter was brought before the Fair Work Commission to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement provided genuine protection for employees' rights and conditions, including those related to wages, hours of work, and other employment terms. The court needed to assess if the agreement satisfied the criteria for approval, specifically whether it provided for fair and reasonable terms and conditions, and whether it complied with the statutory framework. Additionally, the court had to consider if the agreement appropriately addressed the interests of the employees involved in the construction project.

The Fair Work Commission found that the agreement met the statutory requirements for approval. It determined that the agreement provided for fair and reasonable terms and conditions, and adequately protected the rights of the employees. The Commission highlighted that the agreement included provisions for wages, working hours, and other employment terms that were consistent with industry standards. Furthermore, the agreement was deemed to appropriately address the interests of the employees, providing them with protections that were in line with the Fair Work Act 2009. Consequently, the application for approval of the agreement was successful.

The court ordered the approval of the University of Canberra Public Hospital Project Greenfields Agreement 2016, confirming that it met the statutory criteria for approval under the Fair Work Act 2009. The agreement was found to provide for fair and reasonable terms and conditions, and adequately protected the rights of the employees involved in the construction project.

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