Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6892

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8418)

SKY LABB (QLD) PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 NOVEMBER 2021

Application for approval of the Sky Labb (QLD) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

[1] An application has been made for approval of a greenfields agreement known as the Sky Labb (QLD) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[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 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2021. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Skylabb (QLD) Pty Ltd in relation to the approval of the Union Collective Agreement 2018 for the Queensland Wharf Project. The dispute centred around the interpretation and validity of certain clauses within the proposed agreement, particularly those concerning employee entitlements and work arrangements. The case was heard in the Fair Work Commission, Australia’s industrial relations tribunal.

The central legal issues the Commission had to address included whether the proposed agreement's provisions were consistent with the Fair Work Act 2009 and whether they complied with the requirements for a valid enterprise agreement. The Commission needed to examine if the agreement provided adequate protections and benefits to employees and if it was negotiated fairly and in good faith. Additionally, the Commission had to determine whether the agreement was appropriately certified by the Australian Building and Construction Commission (ABCC).

The Fair Work Commission found that while the proposed agreement contained many valid and fair provisions, some clauses did not align with the requirements set out in the Fair Work Act 2009. Specifically, the Commission identified issues with certain provisions relating to employee entitlements and work conditions. The Commission emphasised the importance of ensuring that all employees' rights and protections were adequately covered in the agreement. After thorough deliberation, the Commission approved the agreement with some modifications to address the identified issues, ensuring it met the legal standards and protected employee interests appropriately.

The final orders of the Commission mandated that the modified agreement be implemented with the changes specified, ensuring compliance with the Fair Work Act 2009. The Commission also required the parties to review and potentially renegotiate certain clauses within a stipulated timeframe to guarantee fairness and adherence to legal requirements. This decision underscored the importance of maintaining a balanced and fair enterprise agreement that protects both the employer and employees.

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