Executive Property Services Australia Pty Ltd T/A Executive Property Services Australia Pty Ltd

[2024] FWCA 1306

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Executive Property Services Australia Pty Ltd T/A Executive Property Services Australia Pty Ltd

(AG2024/929)

EXECUTIVE PROPERTY SERVICES AUSTRALIA PTY LTD / CFMEU SOUTH AUSTRALIA GREENFIELDS ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 11 APRIL 2024

Application for approval of the Executive Property Services Australia Pty Ltd / CFMEU South Australia Greenfields Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Executive Property Services Australia Pty Ltd / CFMEU South Australia Greenfields Enterprise Agreement 2023 (the Agreement) pursuant to s.182(3) of the Fair Work Act 2009 (the Act) by Executive Property Services Australia Pty Ltd T/A Executive Property Services Australia Pty Ltd. The agreement is a single enterprise agreement that is a greenfields agreement.

The matter was allocated to my Chambers on 3 April 2024.

The agreement is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it.

Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the Construction, Forestry, and Maritime Employees Union and that the Agreement covers this organisation.

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.

I am satisfied that it is in the public interest to approve the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a new enterprise agreement between Executive Property Services Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEUSA). The company, trading as Executive Property Services Australia Pty Ltd, sought to formalise its employment terms with the union representing its workers. The union, in turn, aimed to secure better conditions for its members through the proposed agreement. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed enterprise agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission had to assess whether the agreement contained all the prescribed minimum terms and conditions, whether it was made in good faith, and whether it complied with the procedural requirements for its making. The Commission also needed to consider if the agreement was in the best interests of the employees and if it met the public interest test.

In deliberating on these issues, the Commission considered the submissions and evidence from both parties, along with any relevant precedents. The Commission found that the agreement contained all the prescribed minimum terms and conditions, was made in good faith, and complied with the procedural requirements. The evidence presented indicated that the agreement was in the best interests of the employees and met the public interest test. Consequently, the Commission approved the Executive Property Services Australia Pty Ltd / CFMEU South Australia Greenfields Enterprise Agreement 2023, finding it to be fair and reasonable.

The Fair Work Commission approved the Executive Property Services Australia Pty Ltd / CFMEU South Australia Greenfields Enterprise Agreement 2023, effective from the date of the decision. This approval means that the agreement will now form the basis of the employment terms between the company and its employees represented by the union. The decision highlights the importance of ensuring that enterprise agreements are made in good faith and meet the statutory requirements to be approved by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established