Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6722

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8221)

KA QUEENSLAND PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 NOVEMBER 2021

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

[1] An application has been made for approval of a greenfields agreement known as the KA Queensland 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 24 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 parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union and KA Queensland Pty Ltd. The dispute centred on the application for the approval of the KA Queensland Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The case was heard in the Fair Work Commission, Australia's independent statutory body responsible for the resolution of workplace disputes.

The legal issues before the Commission were whether the Union Collective Agreement complied with the Fair Work Act 2009 and whether the application for its approval should be granted. The Commission had to consider whether the agreement contained provisions that were outside the scope of the act, and whether the agreement met the requirements for approval under section 232 of the act.

The Commission found that the agreement was generally compliant with the act and contained no provisions outside its scope. It noted that the agreement included provisions for minimum rates of pay and conditions, and provisions for dispute resolution mechanisms. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it met the requirements for approval under the act. The Commission granted the application for approval of the agreement.

The Fair Work Commission approved the KA Queensland Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, subject to certain conditions. The Commission ordered that the agreement be registered with the Fair Work Commission and that it be published on the Commission's website. The agreement will now apply to employees of KA Queensland Pty Ltd who are members of the Construction, Forestry, Maritime, Mining and Energy Union.

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