Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6459

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7894)

TRIVISION PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 OCTOBER 2021

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

[1] An application has been made for approval of a greenfields agreement known as the Trivision 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 4 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 Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of the Trivision Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The dispute centred around the terms of the agreement, specifically those relating to employment conditions, wage rates, and dispute resolution mechanisms. The Commission was tasked with assessing whether the agreement complied with the Fair Work Act 2009 and was fair and reasonable in its entirety.

The legal issues before the Commission included whether the agreement met the requirements for a single-enterprise agreement under the Fair Work Act, the fairness of the agreement's terms, and whether it complied with the procedural requirements of the Act. The Commission needed to determine whether the agreement was made in good faith, whether it was free from any improper influence or interference, and if it provided for appropriate dispute resolution mechanisms. Furthermore, the Commission considered whether the agreement unfairly disadvantaged any employees by imposing unreasonable terms.

The Commission found that the agreement complied with the requirements of the Act and was fair and reasonable. The Commission noted that the agreement had been negotiated in good faith, was free from improper influence or interference, and provided for appropriate dispute resolution mechanisms. The Commission also found that the agreement did not unfairly disadvantage any employees and that the terms were reasonable in the circumstances. The Commission approved the agreement, and it became a legally binding instrument between the employer and the union.

The Fair Work Commission approved the Trivision Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, finding it to be compliant with the Fair Work Act and fair and reasonable in its entirety. The agreement is now a legally binding instrument between the employer and the union, governing the employment conditions, wage rates, and dispute resolution mechanisms for the employees covered by the agreement.

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