DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S C Hydro Pty Ltd
(AG2021/5818)

S C HYDRO PTY LTD AWU AND CFMMEU SURFACE WORKS GREENFIELD AGREEMENT 2021 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 AUGUST 2021

Application for approval of the S C Hydro Pty Ltd AWU and CFMMEU Surface Works Greenfield Agreement 2021 - 2025

[1] S C Hydro Pty Ltd has made an application for approval of a greenfields agreement known as the S C Hydro Pty Ltd AWU and CFMMEU Surface Works Greenfield Agreement 2021 - 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] Further to my decision earlier today ([2021] FWC 5110), I note that the Agreement is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act, and that I am satisfied that the requirements of ss 186 and 187 have been met. In particular, I am satisfied that the Australian Workers’ Union (AWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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, and that it is in the public interest to approve the Agreement (s 187(5)).

[3] The Agreement was made with the AWU and the CFMMEU and therefore covers these organisations (s 53(2)(b)). The Agreement was approved on 19 August 2021 and, in accordance with s 54, will operate from 26 August 2021. The nominal expiry date of the Agreement is 1 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved S C Hydro Pty Ltd, with the Australian Workers' Union (AWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) seeking approval of the Surface Works Greenfield Agreement 2021 - 2025. The dispute was heard by the Fair Work Commission. The unions sought approval of the agreement under section 235 of the Fair Work Act 2009, arguing that the agreement would provide fair and reasonable terms and conditions for their members employed by S C Hydro Pty Ltd.

The primary legal issue before the Commission was whether the agreement met the requirements set out in the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith and without coercion. The Commission also considered whether the agreement complied with any relevant modern awards or enterprise agreements.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was fair and reasonable and was made in good faith without coercion. The Commission noted that the agreement provided for a comprehensive set of terms and conditions that were consistent with those provided in relevant modern awards. The Commission also found that the agreement provided for appropriate mechanisms for resolving disputes and for the protection of employees' rights. Based on these findings, the Commission approved the agreement under section 235 of the Fair Work Act.

The Fair Work Commission approved the Surface Works Greenfield Agreement 2021 - 2025, finding that it met the requirements of the Fair Work Act and provided fair and reasonable terms and conditions for employees of S C Hydro Pty Ltd. The Commission's decision is a useful guide for employers and unions seeking to negotiate and approve enterprise agreements that meet the requirements of the Fair Work Act.

S C Hydro 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