DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5556)

C.S.I CONCRETE SCANNING & INVESTIGATION PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 JUNE 2021

Application for approval of the C.S.I Concrete Scanning & Investigation Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the C.S.I Concrete Scanning & Investigation 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 29 June 2021. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application seeking approval for the C.S.I Concrete Scanning & Investigation Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The Fair Work Commission (FWC) was tasked with deciding whether the agreement met the necessary criteria under the Fair Work Act 2009. The central legal issue was whether the agreement complied with section 233 of the Act, which sets out the requirements for an enterprise agreement to be approved.

The FWC meticulously examined the agreement, focusing on whether it adhered to the procedural fairness, good faith bargaining, and the specific content requirements outlined in the Act. The union argued that the agreement was the result of genuine negotiations and met all legislative criteria. Conversely, the employer raised concerns about the agreement's compliance with specific sections of the Act. After a detailed analysis, the FWC determined that the agreement substantially complied with the necessary provisions. The Commission found that while there were minor procedural issues, these did not significantly undermine the overall validity of the agreement.

Consequently, the FWC approved the agreement, recognising its compliance with the majority of the required standards. The decision underscored the importance of procedural fairness and good faith in the negotiation and content of enterprise agreements. The Commission's approval reflects its role in ensuring that agreements are fair and equitable for all parties involved. The final orders included the approval of the C.S.I Concrete Scanning & Investigation Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, subject to any minor amendments required to fully comply with 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