Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6520

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7977)

SAFE-T-PRO SERVICES (QLD) PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 NOVEMBER 2021

Application for approval of the Safe-T-Pro Services (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 Safe-T-Pro Services (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 are 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 these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 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 Safe-T-Pro Services (QLD) PTY LTD (Queens Wharf Project) Union Collective Agreement 2018 was the subject of an application for approval brought before the Fair Work Commission. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) was the applicant, seeking approval of the agreement between Safe-T-Pro Services (QLD) PTY LTD and the union. The CFMEU argued that the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009, including being in the best interests of the employees and ensuring fair and reasonable terms and conditions of employment.

The primary legal issue the Fair Work Commission was required to address was whether the proposed collective agreement complied with the provisions of the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it was in the best interests of the employees. The Commission needed to ensure that the agreement did not contain any provisions that would undermine the rights or entitlements of the employees, and that it provided for proper dispute resolution mechanisms.

The Fair Work Commission concluded that the proposed collective agreement was fair and reasonable, and in the best interests of the employees. The Commission found that the agreement provided for appropriate terms and conditions of employment, including provisions for pay rates, hours of work, leave entitlements, and other benefits. The Commission also noted that the agreement contained proper dispute resolution mechanisms, including provisions for conciliation and arbitration. The Commission approved the proposed agreement, finding that it met the necessary criteria for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Safe-T-Pro Services (QLD) PTY LTD (Queens Wharf Project) Union Collective Agreement 2018, and it came into effect on the date of the Commission's decision. The Commission found that the agreement was fair and reasonable, and in the best interests of the employees, and that it complied with the provisions of the Fair Work Act 2009. The Commission's decision provides guidance for future collective agreements in the construction industry, and ensures that employees have access to fair and reasonable terms and conditions of employment.

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