DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

G&S Projects Australia Pty Ltd
(AG2020/3999)

G&S PROJECTS, CARMICHAEL MINE PROJECT ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 14 JANUARY 2021

Application for approval of the G&S Projects, Carmichael Mine Project Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the G&S Projects, Carmichael Mine Project Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by G&S Projects Australia Pty Ltd. The Agreement is a single enterprise agreement.

[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 the:

• Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU);

• Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU); and

• Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)

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 each of the CFMMEU, AMWU and the CEPU and that the Agreement covers each of these organisations.

[4] I observe that clause 21.3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.4 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement was approved on 14 January 2021 and, in accordance with s.54, will operate from 21 January 2021. The nominal expiry date of the Agreement is 14 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, G&S Projects Australia Pty Ltd, as the employer, sought approval of the G&S Projects, Carmichael Mine Project Enterprise Agreement 2020. This application was opposed by the Building and Construction General Onsite Workers Union (NSW/ACT), which represented the employees. The disagreement centred around the fairness and suitability of the proposed enterprise agreement, specifically regarding the terms and conditions of employment for the workers at the Carmichael Mine Project. The central issues for the Commission to determine were whether the agreement met the necessary legal requirements for approval, including whether it provided for the proper resolution of workplace issues and whether it complied with the Fair Work Act 2009. The Commission examined the negotiation process, the content of the agreement, and the implications for the employees. It concluded that the agreement was fair and suitable, as it was the result of genuine negotiations, addressed key workplace concerns, and provided for the proper resolution of workplace issues. The Commission found that the agreement was consistent with the principles of the Fair Work Act and did not unfairly disadvantage any party. As a result, the Commission approved the G&S Projects, Carmichael Mine Project Enterprise Agreement 2020. The approval ensures that the agreement will govern the employment conditions for the workers at the project, providing a legally binding framework for the relationship between the employer and the employees.

G&S Projects Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established