Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6769

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8285)

PARTEED PTY LTD T/AS BISHOP MASTER FINISHES (QLD) (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 NOVEMBER 2021

Application for approval of the Parteed Pty Ltd T/As Bishop Master Finishes (QLD) (Queens Wharf Project) Union Collective Agreement 2018

[1] An application has been made for approval of a greenfields agreement known as the Parteed Pty Ltd T/As Bishop Master Finishes (QLD) (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 26 November 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 an application for the approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union and Parteed Pty Ltd T/As Bishop Master Finishes (QLD) for the Queensland wharf project. The union sought to have the agreement recognised as a lawful and valid instrument under the Fair Work Act 2009. The application was made under section 234 of the Act, which allows for the registration of an agreement if it complies with the provisions of the Act and does not contravene any other law.

The key legal issues before the Commission were whether the agreement was genuinely a product of bargaining between the parties, whether it contained terms that were contrary to public policy or otherwise invalid, and whether the agreement complied with the requirements of the Fair Work Act. The Commission had to consider whether the agreement was made in good faith and whether it was free from any elements of coercion or undue influence. Additionally, the Commission had to assess whether the agreement provided for appropriate protections for employees and whether it complied with the relevant provisions of the Act.

After considering the evidence and submissions presented by the parties, the Fair Work Commission found that the agreement was genuinely a product of bargaining between the parties. The Commission was satisfied that the agreement was made in good faith and was free from any elements of coercion or undue influence. The Commission also found that the agreement provided for appropriate protections for employees and did not contain any terms that were contrary to public policy or otherwise invalid. The Commission was satisfied that the agreement complied with the relevant provisions of the Fair Work Act. Accordingly, the Commission approved the agreement and registered it as a lawful and valid instrument under the Act.

The Fair Work Commission approved the application for the registration of the collective agreement and ordered that it be registered as a lawful and valid instrument under the Fair Work Act. The decision provides guidance on the requirements for the registration of collective agreements and the considerations that the Commission takes into account in determining whether an agreement is genuinely a product of bargaining and complies with the provisions of the Act.

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