DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corcreevy Pty Ltd T/A Tyrone Group
(AG2020/3003)

TYRONE GROUP AND CFMEU (WA) (1 THE ESPLANADE PROJECT) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 19 OCTOBER 2020

Application for approval of the Tyrone Group and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Tyrone Group and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Corcreevy Pty Ltd T/A Tyrone Group.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that the Construction, Forestry, Maritime, 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 26 October 2020. The nominal expiry date of the Agreement is 18 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Corcreevy Pty Ltd trading as Tyrone Group, sought approval of the Tyrone Group and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020 from the Fair Work Commission. The dispute centred on the terms and conditions of employment for the workers under the proposed enterprise agreement, including the classification of employees, their pay rates, and various other employment-related matters. The Fair Work Commission was the court responsible for hearing and determining the application.

The primary legal issues that the Fair Work Commission had to address included whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it provided for fair and reasonable terms and conditions for the employees. The Commission also had to consider whether the agreement appropriately balanced the interests of both the employer and the employees, and whether it adhered to the principles of procedural fairness.

In delivering its decision, the Fair Work Commission found that the enterprise agreement was compliant with the Fair Work Act 2009. The Commission concluded that the agreement provided for fair and reasonable terms and conditions for the employees, taking into account the evidence presented by both parties. The Commission was satisfied that the agreement appropriately balanced the interests of the employer and employees, and that the process leading to the agreement was procedurally fair. The Fair Work Commission approved the enterprise agreement as sought by the applicant.

The Fair Work Commission ordered that the Tyrone Group and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020 be approved and registered in accordance with the Fair Work Act 2009. This decision allowed the agreement to come into effect and govern the employment terms and conditions for the workers involved in the 1 The Esplanade Project.

Corcreevy Pty Ltd T/A Tyrone Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established