DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5354)

CARMAR RIGGING PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 JUNE 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Carmar Rigging 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). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[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.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the Carmar Rigging Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The Fair Work Commission (FWC) was tasked with determining whether the agreement was appropriate for approval under the Fair Work Act 2009. The CFMEU argued that the agreement was necessary to address the specific needs of its members working on the Queens Wharf Project, while the employer, Carmar Rigging Pty Ltd, contested the need for such an agreement.

The central legal issue before the FWC was whether the proposed agreement contained terms that were contrary to the public interest or inconsistent with the overarching objectives of the Fair Work Act. The FWC had to assess if the agreement's provisions were fair and reasonable, and if they aligned with the broader principles of the Act, including the protection of employees' rights and the promotion of harmonious workplace relations.

In its decision, the FWC examined the terms of the agreement and found that while some provisions were necessary to address the unique conditions of the project, others did not align with the public interest or the overarching objectives of the Fair Work Act. The FWC concluded that certain clauses within the agreement were inconsistent with the Act and therefore not suitable for approval. The Commission made specific findings regarding the need for further negotiation and amendments to the agreement to ensure compliance with the statutory framework.

Ultimately, the FWC did not approve the Carmar Rigging Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 in its entirety. Instead, the Commission mandated that the parties return to the negotiating table to revise the agreement to remove any provisions that were contrary to the public interest or inconsistent with the Fair Work Act. This decision underscores the importance of ensuring that collective agreements not only meet the needs of the parties involved but also comply with the broader statutory objectives designed to protect employees and promote fair workplace practices.

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