Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6068

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7506)

LINDORES PERSONNEL NO.2 PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 SEPTEMBER 2021

Application for approval of the Lindores Personnel No.2 Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

[1] An application has been made for approval of a greenfields agreement known as the Lindores Personnel No.2 Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, 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(1) of the Act, will operate from 7 October 2021. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Construction, Forestry, Maritime, Mining and Energy Union and Lindores Personnel No.2 Pty Ltd, in relation to the Queens Wharf Project. The nature of the dispute is the application for approval of the Union Collective Agreement 2018 under section 234 of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The primary legal issue before the court was whether the provisions of the Union Collective Agreement 2018 were consistent with the relevant provisions of the Fair Work Act 2009. The court was required to consider whether the agreement complied with the principles of freedom of association, protected industrial action, and the role of unions in the workplace, as outlined in the Act. Additionally, the court needed to assess whether the agreement contained any unfair or unreasonable provisions that would undermine the rights of employees or employers.

In delivering the decision, the Fair Work Commission noted that the Union Collective Agreement 2018 provided for a range of matters, including wages, conditions of employment, and dispute resolution processes. The court found that the agreement was consistent with the relevant provisions of the Fair Work Act 2009 and did not contain any unfair or unreasonable provisions. The Commission approved the Union Collective Agreement 2018, finding that it met the requirements of the Act and would not have an adverse effect on the rights of employees or employers.

The Fair Work Commission approved the Union Collective Agreement 2018, confirming that it complied with the relevant provisions of the Fair Work Act 2009 and did not contain any unfair or unreasonable provisions. The decision provides guidance to unions and employers on the types of provisions that are acceptable in a collective agreement and the role of the Commission in approving such agreements.

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