DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4035)

CREE8 C&P 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 Cree8 C&P Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Cree8 C&P 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

In the matter of the Construction, Forestry, Maritime, Mining and Energy Union, the union sought approval for the Cree8 C&P Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The application was heard in the Fair Work Commission, a tribunal responsible for resolving workplace disputes in Australia. The union argued that the agreement was necessary to ensure fair and equitable treatment of employees working on the Queens Wharf Project, while the employer contested the need for the agreement on the basis that existing laws provided sufficient protection for employees.

The primary legal issue before the Commission was whether the collective agreement, if approved, would provide better workplace outcomes for the employees than the existing safety net provided by the Fair Work Act 2009. The Commission had to consider the terms of the agreement and assess whether they were reasonably capable of facilitating improved workplace relations and ensuring fair treatment of the employees. Additionally, the Commission had to determine whether the agreement was consistent with the objects of the Fair Work Act and did not undermine the safety net provisions.

The Fair Work Commission found that the collective agreement did indeed provide better workplace outcomes for the employees, particularly in relation to wages, working conditions, and dispute resolution mechanisms. The Commission was satisfied that the agreement was reasonably capable of facilitating improved workplace relations and ensuring fair treatment of the employees. Furthermore, the Commission held that the agreement was consistent with the objects of the Fair Work Act and did not undermine the safety net provisions. Consequently, the Commission approved the Cree8 C&P Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

The final orders of the Fair Work Commission included the approval of the collective agreement and a direction that the agreement be registered with the Commission. The employer was required to give written notice of the agreement to all affected employees, and the agreement would come into effect on the date of registration. The union was also directed to provide a copy of the agreement to the Fair Work Ombudsman for publication on the Commission's website.

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