DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6198)

QUEENSLAND GLASS PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 JULY 2021

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

[1] An application has been made for approval of a greenfields agreement known as the Queensland Glass 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 2 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

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union, the applicant sought approval of the Queensland Glass Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The respondent, Queensland Glass Pty Ltd, contested the application, raising objections primarily around the fairness and reasonableness of the agreement under the Fair Work Act 2009. The Fair Work Commission heard the case and delivered its decision.

The legal issues at the heart of this case revolved around whether the provisions of the collective agreement were fair and reasonable in all aspects. This included assessing whether the agreement was consistent with the principles of the Fair Work Act 2009, which mandates that agreements be fair and reasonable, and whether it appropriately balanced the interests of the employer and the employees. Additionally, the court had to determine if the agreement met the procedural fairness requirements, particularly given the nature of the objections raised by the employer.

The Fair Work Commission carefully reviewed the provisions of the agreement and the objections raised by the employer. The Commission found that the agreement was fair and reasonable, noting that it appropriately balanced the interests of both parties and adhered to the principles of the Act. The Commission also concluded that the employer had not demonstrated that any of the provisions were unfair or unreasonable. Therefore, the application for approval was upheld, and the agreement was approved as a registered union agreement under the Fair Work Act 2009.

As a result of the decision, the Queensland Glass Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 was approved and registered. The employer's objections were dismissed, and the agreement was deemed to be compliant with the requirements of 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