Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 5821

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7021)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 14 SEPTEMBER 2021

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

[1] An application has been made for approval of a greenfields agreement known as the Adfinis 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 21 September 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 matter before the Fair Work Commission involved an application for the approval of a collective agreement between Adfinis Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The agreement in question pertained to the Queens Wharf Project. The union sought to have the collective agreement recognised as a registered agreement under the Fair Work Act 2009, which would provide its terms and conditions to all employees working on the project, regardless of their union membership.

The central legal issues revolved around whether the agreement complied with the requirements of the Fair Work Act and if it was made in good faith. Specifically, the commission had to determine whether the agreement was genuinely intended to regulate the terms and conditions of employment and if it adhered to the statutory provisions outlined in the Fair Work Act. The union argued that the agreement was made in good faith and was designed to regulate the employment terms for workers on the project. The employer, on the other hand, contended that the agreement was not genuinely made and did not properly regulate the terms and conditions of employment.

In delivering its decision, the commission examined the provisions of the Fair Work Act and the nature of the agreement. It was determined that the agreement did indeed regulate the terms and conditions of employment and was made in good faith. The commission found that the union had followed the necessary procedures and that the agreement complied with the statutory requirements. Consequently, the commission approved the application and registered the collective agreement. This registration would ensure that the terms and conditions set out in the agreement would apply to all employees on the project, providing them with the protections and benefits outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established