DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/60)

JR COMMERCIAL WATERPROOFING PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JANUARY 2021

Application for approval of the JR Commercial Waterproofing Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the JR Commercial Waterproofing 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 4 February 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of the JR Commercial Waterproofing Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The applicant and JR Commercial Waterproofing Pty Ltd (JR) are parties to the agreement, which was made in accordance with section 234 of the Fair Work Act 2009. The CFMEU argued that the agreement was made in good faith and contained appropriate mechanisms to ensure compliance. JR opposed the application, contending that the agreement contained provisions that were contrary to public policy and detrimental to the company's operations.

The central legal issue before the FWC was whether the provisions in the agreement were consistent with the Fair Work Act and public policy. The CFMEU argued that the agreement was in good faith and contained adequate compliance mechanisms. JR argued that certain provisions were contrary to public policy and would harm its business operations. The FWC had to determine whether the provisions in question were acceptable under the Act and if they could be severed if necessary.

The FWC found that the agreement was made in good faith and contained appropriate compliance mechanisms. While JR argued that certain provisions were contrary to public policy, the FWC concluded that these provisions could be severed without undermining the agreement's overall purpose. The FWC approved the agreement with modifications to ensure compliance with the Fair Work Act and public policy. The court found that the provisions in question could be severed, preserving the agreement's integrity while addressing JR's concerns.

The FWC approved the agreement with modifications, ensuring compliance with the Fair Work Act and public policy. The court's decision provided clarity on the approval process for collective agreements and the importance of balancing the rights of employers and employees. The final order was the approval of the agreement with the specified modifications, allowing the parties to proceed with their employment relationship under the terms of the approved agreement.

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