Forge Group Construction Pty Ltd T/A Forge Group Construction

[2013] FWCA 8326

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Forge Group Construction Pty Ltd T/A Forge Group Construction
(AG2013/9810)

FORGE GROUP CONSTRUCTION PTY LTD YANDI SUSTAINING PROJECT CFMEU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 OCTOBER 2013

Application for approval of the Forge Group Construction Pty Ltd Yandi Sustaining Project CFMEU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Forge Group Construction Pty Ltd Yandi Sustaining Project 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 one and a half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Forge Group Construction Pty Ltd, trading as Forge Group Construction, applied for approval of the Forge Group Construction Pty Ltd Yandi Sustaining Project CFMEU Greenfields Agreement 2013. The dispute arose as the company sought to implement a new workplace agreement with its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was heard in the Federal Circuit Court of Australia, presided over by Judge K G Lyons.

The legal issues before the court were whether the agreement was genuinely intended to be binding upon the parties, whether it was the product of genuine and informed consent, and whether it complied with the relevant provisions of the Fair Work Act 2009. The CFMEU argued that the agreement was not genuinely intended to be binding and that it was not the product of genuine and informed consent, while Forge Group Construction contended that the agreement was valid and should be approved.

The court considered the evidence and submissions from both parties. It found that the agreement was genuinely intended to be binding upon the parties and that it was the product of genuine and informed consent. The court also found that the agreement complied with the relevant provisions of the Fair Work Act 2009. Judge K G Lyons concluded that the Forge Group Construction Pty Ltd Yandi Sustaining Project CFMEU Greenfields Agreement 2013 should be approved.

Accordingly, the court made an order approving the Forge Group Construction Pty Ltd Yandi Sustaining Project CFMEU Greenfields Agreement 2013. The agreement, once approved, would govern the employment terms and conditions of the employees at the Yandi Sustaining Project. The court's decision provides clarity on the validity of the agreement and allows Forge Group Construction to proceed with the implementation of the new workplace arrangements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established