Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 585

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/304)

Dorma Hueppe Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 21 FEBRUARY 2022

Application for approval of the Dorma Hueppe Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

An application has been made for approval of a greenfields agreement known as the Dorma Hueppe Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 (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 the Construction, Forestry, Maritime, Mining and Energy Union.

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.

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.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 28 February 2022. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the Dorma Hueppe Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The dispute involved the terms and conditions of employment for workers engaged by Dorma Hueppe Pty Ltd on the Queens Wharf Project. The CFMEU sought to have the agreement approved under the Fair Work Act 2009 to ensure that the terms were fair and reasonable for the workers involved.

The central legal issue before the Commission was whether the agreement contained provisions that were unfair within the meaning of section 234 of the Fair Work Act 2009. The Commission examined various aspects of the agreement, including wage rates, working conditions, and dispute resolution mechanisms. The CFMEU argued that the agreement was fair and reasonable, while opponents contended that certain provisions were unjust.

The Commission determined that while most of the agreement was fair, some provisions were deemed unfair. Specifically, the Commission found that certain provisions regarding the calculation of penalty rates were not reasonable. Consequently, the Commission exercised its power under section 234 of the Fair Work Act 2009 to modify the agreement to remove the unfair provisions. After making these modifications, the Commission approved the modified agreement.

The Fair Work Commission approved the modified Dorma Hueppe Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, with the unfair provisions regarding penalty rate calculations removed. The Commission's decision ensured that the agreement was fair and reasonable for the workers involved, while also addressing the concerns raised by the parties.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established