DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4029)

BUILT QLD PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 16 MARCH 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Built QLD 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). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] 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.

[3] Clause 25 of the agreement provides that “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

[4] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry, Maritime, Mining and Energy Union, the Fair Work Commission was asked to approve a union collective agreement between the union and Built QLD Pty Ltd regarding the Queensland Wharf Project. The union sought to ensure fair wages, conditions, and dispute resolution mechanisms for the workers involved in the project.

The legal issues before the Commission included whether the agreement met the requirements set out in the Fair Work Act 2009, including the need for the agreement to be in writing, not to have an unreasonable effect on the employer's operational flexibility, and to be fair and reasonable. The Commission also considered whether the agreement provided appropriate protections for the workers and was in line with the principles of the Fair Work Act.

The Fair Work Commission determined that the agreement met the necessary requirements and was fair and reasonable. The Commission noted that the agreement provided appropriate protections for the workers and did not have an unreasonable effect on the employer's operational flexibility. The Commission also found that the agreement was in line with the principles of the Fair Work Act.

As a result, the Fair Work Commission approved the Built QLD Pty Ltd (Queensland Wharf Project) Union Collective Agreement 2018. The agreement is now legally binding on the employer and the union, and it provides the workers with fair wages, conditions, and dispute resolution mechanisms.

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