DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6024)

WORKPAC PTY LIMITED AND CFMEU ACT CAPITAL METRO LIGHT RAIL GREENFIELDS PROJECT AGREEMENT 2016

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 4 OCTOBER 2016

Application for approval of the WorkPac Pty Limited and CFMEU ACT Capital Metro Light Rail Greenfields Project Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the WorkPac Pty Limited and CFMEU ACT Capital Metro Light Rail Greenfields Project Agreement 2016 (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 11 October 2016. The nominal expiry date of the Agreement is 31 March 2020

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of an enterprise agreement between WorkPac Pty Limited and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute was brought before the Fair Work Commission, Australia's workplace relations tribunal, in relation to the Capital Metro Light Rail Greenfields Project Agreement 2016. The CFMEU sought approval for the agreement, which was aimed at regulating the terms and conditions of employment for workers involved in the project.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for being a "single interest" enterprise agreement, and whether it was "in the best interests of the employees" as required by the legislation. Additionally, the Commission considered whether the agreement provided for fair and reasonable terms and conditions for the employees, including provisions on pay rates, hours of work, and other employment-related matters.

The Commission examined the terms of the agreement and the submissions made by both parties. It found that the agreement was a "single interest" enterprise agreement, as it covered employees who were engaged in the same or a similar kind of work. The Commission also concluded that the agreement was in the best interests of the employees, taking into account the overall benefits provided by the agreement, including the pay rates and conditions of employment. The Commission determined that the agreement provided for fair and reasonable terms and conditions for the employees and approved the application for the agreement.

The Fair Work Commission approved the WorkPac Pty Limited and CFMEU ACT Capital Metro Light Rail Greenfields Project Agreement 2016, finding it to be a "single interest" enterprise agreement that was in the best interests of the employees and provided for fair and reasonable terms and conditions of employment.

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