DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4980)

HI-REACH RENTALS GOLD COAST PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 17 MAY 2021

Application for approval of the Hi-Reach Rentals Gold Coast Pty ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Hi-Reach Rentals Gold Coast 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). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[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. In particular, 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] Clause 25.2 of the agreement provides that “for Employees other than Electrical Workers and Metals and Engineering Trades Workers, such contributions will be paid to CBUS or BUSS(Q) or Australian Super.” Further, that “for Employees employed as Electrical Workers, such contributions will be paid to Energy Super” and “for employees employed as Metals and Engineering Trades workers, such contributions will be paid to Australian Super.” Clause 25.2 appears inconsistent with the Treasury Laws Amendment (Your Superannuation, Your Choice) Act 2020 (Super Choice Act).  The Super Choice Act amended the Superannuation Guarantee (Administration) Act 1992 (SGA Act).  Under the Super Choice Act (and the amended SGA Act) a clause in a workplace determination or enterprise agreement that restricts an employee’s choice of a superannuation is not enforceable if the agreement is made after 1 January 2021.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 24 May 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the Hi-Reach Rentals Gold Coast Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The application was made under section 234 of the Fair Work Act 2009, and the dispute concerned the terms and conditions of employment for workers at the Queens Wharf Project in Queensland.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for registration under the Fair Work Act and whether it complied with the relevant provisions of the Act, including provisions regarding the protection of employees' rights and interests. The Commission had to determine if the agreement was made in good faith, was free from any improper conduct, and whether it provided for a fair and reasonable outcome for both parties.

The Fair Work Commission found that the agreement was made in good faith and was free from any improper conduct. The Commission also determined that the agreement met the statutory requirements for registration and complied with the relevant provisions of the Fair Work Act. The Commission found that the agreement provided for a fair and reasonable outcome for both parties and approved the application for registration of the agreement. The Commission noted that the agreement provided for a range of protections for employees, including provisions regarding minimum wages, leave entitlements, and dispute resolution mechanisms.

The Fair Work Commission approved the application for registration of the Hi-Reach Rentals Gold Coast Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, and the agreement is now registered under the Fair Work Act. The decision of the Commission is final and binding on both parties.

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