Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6747

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8262)

AUSTRALIAN JOINERY PRODUCTS PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 NOVEMBER 2021

Application for approval of the Australian Joinery Products Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

[1] An application has been made for approval of a greenfields agreement known as the Australian Joinery Products 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 25 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

In the case of the Construction, Forestry, Maritime, Mining and Energy Union, the applicant, sought approval of the Australian Joinery Products Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The applicant argued that the agreement was necessary to govern the terms and conditions of employment for workers involved in the Queens Wharf Project. The Fair Work Commission was the court in this matter, tasked with determining whether the agreement should be approved.

The legal issues before the court were centred around the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the court had to consider whether the agreement met the requirements for approval under the Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant provisions of the Regulations. The court also needed to assess whether the agreement was likely to have a detrimental effect on the employees' rights and interests.

In delivering its decision, the Fair Work Commission examined the terms of the agreement and the evidence presented by both parties. The court found that the agreement provided for fair and reasonable terms and conditions of employment and did not have any detrimental effect on the employees' rights and interests. The court also determined that the agreement complied with the relevant provisions of the Fair Work Act and Regulations. As a result, the Fair Work Commission approved the Australian Joinery Products Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

The Fair Work Commission's final order was that the Australian Joinery Products Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 be approved, effective from the date of the decision. The court's approval of the agreement ensures that the terms and conditions of employment for workers involved in the Queens Wharf Project are governed by the agreed-upon provisions, providing certainty and stability for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established