Construction, Forestry, Mining and Energy Union-Western Australian Branch Summary

[2014] FWCA 4701

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Western Australian Branch
(AG2014/1716)

CALIBRA PTY LTD - BROOKFIELD PLACE TOWER TWO AND CFMEU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 JULY 2014

Application for approval of the Calibra Pty Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Calibra Pty Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is the completion of the Project or two years from the date of this decision, whichever comes first.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union - Western Australian Branch applied to the Fair Work Commission for approval of the Calibra Pty Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2013. The agreement was entered into under section 186 of the Fair Work Act 2009. The union sought to have the agreement approved as a registered agreement and certified as an enterprise agreement. The dispute centred on the scope of the agreement and whether it complied with the statutory requirements of the Fair Work Act.

The primary legal issue before the commission was whether the agreement complied with the relevant provisions of the Fair Work Act. Specifically, the union needed to demonstrate that the agreement met the criteria for registration and certification. This included ensuring that the agreement contained only matters that were genuinely bargainable, that it did not contravene any provisions of the Act, and that it provided for a fair and equitable resolution of the terms and conditions of employment. The union also had to show that the agreement was made in good faith and without any coercion.

The commission found that the agreement did meet the necessary requirements for registration and certification. The union successfully demonstrated that the agreement was made in good faith and without coercion, and that it contained only genuinely bargainable matters. The commission also determined that the agreement did not contravene any provisions of the Fair Work Act and provided for a fair and equitable resolution of the terms and conditions of employment. Consequently, the commission approved the agreement as a registered agreement and certified it as an enterprise agreement.

The Fair Work Commission approved the Calibra Pty Ltd - Brookfield Place Tower Two and CFMEU Greenfields Agreement 2013 as a registered agreement and certified it as an enterprise agreement. This decision ensures that the agreement will have legal effect and be enforceable between the parties. The union's application was successful, and the agreement will now govern the terms and conditions of employment for the relevant employees.

Construction, Forestry, Mining and Energy Union-Western Australian Branch

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established