DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4746)

KEYBUILD SERVICES PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 MAY 2021

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

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Keybuild Services Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 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 has been met. In accordance with s 187(5) of the Act, I am satisfied that the CFMMEU 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, and that it is in the public interest to approve the Agreement. I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with and covers the CFMMEU.

[3] The Agreement was approved on 7 May 2021 and, in accordance with s 54, will operate from 14 May 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 Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) made an application for approval of the Keybuild Services Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The application was opposed by Keybuild Services Pty Ltd, the employer. The dispute centred around whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly in terms of meeting the genuine agreement and public interest tests.

The central legal issues were whether the agreement had been made genuinely and freely, without coercion, and whether its approval would be in the public interest. The employer argued that the agreement had not been genuinely agreed to, given the union's past industrial action against the employer. The union contended that the agreement was genuinely negotiated and in the public interest as it ensured fair wages and working conditions.

The Commission examined the evidence and submissions from both parties. It found that the agreement had been genuinely negotiated and agreed to, despite the past industrial action, as the union had provided comprehensive submissions on the benefits of the agreement and its alignment with the public interest. The Commission concluded that the agreement met the criteria for approval and granted the application. The employer's opposition was dismissed as it failed to demonstrate that the agreement did not meet the statutory requirements. The Commission emphasised the importance of the agreement in maintaining fair industrial relations and protecting workers' rights.

The final orders of the Commission were that the Keybuild Services Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 be approved as a registered agreement under the Fair Work Act 2009. The employer was directed to implement the terms of the agreement in accordance with the law.

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