DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4999)

CORVEX INDUSTRIES PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 14 MAY 2021

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

[1] An application has been made for approval of a greenfields agreement known as the Corvex Industries 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] 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.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 21 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

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) lodged an application for the approval of a Union Collective Agreement 2018 with Corvex Industries Pty Ltd, the company responsible for the Queens Wharf Project. The Fair Work Commission (FWC) was tasked with reviewing and approving the agreement under the Fair Work Act 2009. The CFMEU sought to ensure that the terms of the agreement were fair and equitable for the employees involved in the project.

The primary legal issue before the FWC was whether the Union Collective Agreement 2018 met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees and complied with relevant provisions of the Act, including the good faith bargaining requirements. Additionally, the FWC had to consider if the agreement provided for fair and reasonable terms and conditions of employment.

The FWC carefully reviewed the Union Collective Agreement 2018, taking into account the submissions from both the CFMEU and Corvex Industries. The Commission found that the agreement was in the best interests of the employees and was consistent with the principles of the Fair Work Act. The FWC concluded that the agreement provided for fair and reasonable terms and conditions of employment and that the bargaining process was conducted in good faith. As a result, the FWC approved the Union Collective Agreement 2018.

The FWC's decision resulted in the formal approval of the Union Collective Agreement 2018, ensuring that the employees involved in the Queens Wharf Project would benefit from fair and reasonable terms and conditions of employment. The approval of the agreement provided certainty and stability for the employees and the employer, allowing the project to proceed without the risk of industrial disputes.

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