DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4026)

COLAB FACADE PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 MARCH 2021

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

[1] An application has been made for approval of a greenfields agreement known as the Colab Facade Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 (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 23 March 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

The case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Colab Facade Pty Ltd. The dispute centred on the application for approval of the Colab Facade Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The matter was heard in the Fair Work Commission of Australia.

The primary legal issues revolved around whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement complied with the procedural and substantive standards set out in the Act. This included examining whether the agreement was made in good faith and if it adhered to the relevant provisions regarding the approval process.

The court assessed the evidence presented and considered the legal framework governing union agreements. It found that the agreement was made in good faith and complied with the necessary procedural requirements. The court also determined that the substantive provisions of the agreement were reasonable and met the standards set by the Fair Work Act. Consequently, the court approved the Colab Facade Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

The final orders included the approval of the collective agreement, ensuring that it would be binding on the parties involved in the Queens Wharf Project.

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