DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4346)

HQPROJEX PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 APRIL 2021

Application for approval of the Hqprojex Pty Ltd and CFMEU Union Collective Agreement 2020–2022.

[1] An application has been made for approval of a greenfields agreement known as the Hqprojex Pty Ltd and CFMEU Union Collective Agreement 2020–2022 (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 14 April 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Hqprojex Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2020–2022. The applicant, CFMEU, sought to have the collective agreement recognised as a registered instrument under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement complied with the legislative requirements, specifically whether it met the standards for good faith bargaining and whether it contained appropriate dispute resolution mechanisms.

The Commission examined the process of bargaining leading up to the agreement, considering whether the parties had genuinely attempted to reach an agreement. The Commission also assessed the contents of the agreement to ensure it met the statutory requirements for approval, including provisions on wages, conditions of employment, and other matters. The CFMEU argued that the agreement was the result of good faith bargaining and that it provided fair and reasonable terms for the employees. The Commission considered the submissions and evidence provided by both parties and the broader context of industrial relations in the relevant industry.

After careful consideration, the Commission found that the agreement was the product of genuine attempts at good faith bargaining and contained provisions that were fair and reasonable for the employees. The agreement included appropriate mechanisms for dispute resolution and met all legislative requirements for approval. The Commission approved the collective agreement, recognising it as a registered instrument under the Fair Work Act. The decision was made in the interest of maintaining fair and productive industrial relations between the 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