DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4054)

G JAMES GLASS & ALUMINIUM PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

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

Application for approval of the G James Glass & Aluminium Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the G James Glass & Aluminium 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] Clause 25 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. For Employees employed as Electrical Workers, such contributions will be paid to Energy Super. For employees employed as Metals and Engineering Trades workers, such contributions will be paid to Australian Super.”  Clause 25 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.

[3] 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.

[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 24 March 2021. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the G James Glass & Aluminium Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The applicant sought to have the agreement recognised as a protected action protected agreement under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for workers involved in the Queens Wharf Project, with the CFMEU arguing that the agreement would provide fair and equitable outcomes for its members.

The primary legal issue the Commission had to decide was whether the agreement met the criteria for approval as a protected action protected agreement. This involved assessing whether the agreement was genuinely negotiated, did not disadvantage employees, and was in the public interest. Additionally, the Commission considered whether the agreement was consistent with the objectives of the Fair Work Act, including promoting harmonious, productive and cooperative workplace relations.

In reaching its decision, the Commission carefully examined the terms and conditions outlined in the agreement. It noted that the agreement provided for a fair and reasonable remuneration package, as well as provisions for workplace health and safety, dispute resolution, and other employment matters. The Commission found that the agreement was genuinely negotiated between the parties and did not disadvantage employees. It also concluded that the agreement was in the public interest, promoting harmonious, productive and cooperative workplace relations. As a result, the Commission approved the agreement as a protected action protected agreement under the Fair Work Act.

The Commission's final orders included the approval of the G James Glass & Aluminium Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 as a protected action protected agreement, effective from the date of the decision. This meant that the agreement would be recognised as a valid and enforceable collective agreement, providing certainty and stability for the parties involved in the Queens Wharf Project. The decision also provided guidance for future negotiations and agreements in the construction industry, ensuring that they met the legal requirements set out in the Fair Work Act.

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