DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6490)

CITY COAST TILING (QUEENSLAND) PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 AUGUST 2021

Application for approval of the City Coast Tiling (Queensland) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the City Coast Tiling (Queensland) 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 18 August 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 case before the court involved the Construction, Forestry, Maritime, Mining and Energy Union, which sought approval of a Union Collective Agreement 2018 pertaining to the City Coast Tiling (Queensland) Pty Ltd Union, a subsidiary of City Coast Developments Pty Ltd, for the Queens Wharf Project. The agreement was challenged by an employee, Mr. David Jones, who contested its validity on the grounds that it did not comply with statutory requirements. The matter was heard in the Federal Circuit Court of Australia.

The primary legal issues before the court were whether the Union Collective Agreement 2018 was valid and whether it complied with the applicable legislative framework. The court had to examine the agreement in light of the relevant provisions of the Fair Work Act 2009, including the requirements for the content and approval of union agreements. The court also needed to determine if the agreement was genuinely made between the employer and the union, and whether it had been properly negotiated.

The court found that the Union Collective Agreement 2018 was valid and in compliance with the statutory requirements. The court held that the agreement had been genuinely negotiated and agreed upon by the parties, and that it met the legislative criteria for approval. The court further determined that the union had the requisite authority to enter into the agreement on behalf of its members, and that the employer had provided adequate information to the union to facilitate the negotiation process. Consequently, the court approved the Union Collective Agreement 2018.

In light of the court's findings, the application for approval of the Union Collective Agreement 2018 was successful. The court ordered that the agreement be approved as a valid and legally binding document between the City Coast Tiling (Queensland) Pty Ltd Union and the employer, City Coast Developments Pty Ltd, for the Queens Wharf Project. The decision was rendered in favour of the union and the employer, allowing the agreement to proceed as intended.

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