DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6790)

PRESTON HIRE (QLD) PTY LIMITED (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 AUGUST 2021

Application for approval of the Preston Hire (QLD) Pty Limited (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Preston Hire (QLD) Pty Limited (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 (the 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 7 September 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 matter before the court was an application by the Construction, Forestry, Maritime, Mining and Energy Union to approve a collective agreement between the union and Preston Hire (QLD) Pty Limited. The dispute arose in the Fair Work Commission, which referred the matter to the Federal Circuit Court for determination. The legal issues before the court were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if it was in the interests of the employees and employers. The court had to examine the provisions of the agreement, the bargaining process, and the impact of the agreement on the employees and employers.

The court considered the evidence presented by the parties and the relevant provisions of the Fair Work Act. The court found that the agreement was made in good faith and after proper and genuine bargaining. The court also found that the agreement complied with the relevant provisions of the Fair Work Act and that it was in the interests of the employees and employers. The court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and that it promoted harmonious, productive, and cooperative workplace relations. The court approved the agreement and made orders accordingly.

The court's decision was based on a careful consideration of the evidence and the relevant legal principles. The court found that the agreement was fair and reasonable and that it promoted the interests of both the employees and employers. The court was satisfied that the agreement complied with the relevant provisions of the Fair Work Act and that it was made in good faith and after proper and genuine bargaining. The court approved the agreement and made orders accordingly. The final orders of the court were that the Preston Hire (QLD) Pty Limited (Queens Wharf Project) Union Collective Agreement 2018 be approved and registered under the Fair Work Act 2009.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established