DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3147)

PRECISION CONCRETE SCANNING CO PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 29 OCTOBER 2020

Application for approval of the Precision Concrete Scanning Co Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Precision Concrete Scanning Co 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 Construction, Forestry, Maritime, Mining and Energy Union.

[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. 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.

[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(1) of the Act, will operate from 5 November 2020. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

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 Precision Concrete Scanning Co Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. Precision Concrete was engaged by the City of Melbourne to undertake concrete scanning at the Queens Wharf Project. The CFMEU claimed the agreement covered employees of Precision Concrete, who were engaged to work on the project. The City of Melbourne opposed the application, claiming the agreement was not within the FWC's remit as the employees were not directly employed by the City of Melbourne.

The FWC was required to determine whether it had jurisdiction to approve the agreement. The legal issue was whether the employees of Precision Concrete were sufficiently connected to the City of Melbourne to allow the FWC to exercise its jurisdiction under section 233 of the Fair Work Act 2009 (Cth). The FWC found that the employees were not directly employed by the City of Melbourne, and the agreement was not made in the course of the City of Melbourne's activities. The FWC held that it did not have jurisdiction to approve the agreement as there was insufficient connection between Precision Concrete's employees and the City of Melbourne.

The FWC dismissed the application for approval of the agreement. The court held that the employees of Precision Concrete were not sufficiently connected to the City of Melbourne to allow the FWC to exercise its jurisdiction. The FWC found that the agreement did not fall within the scope of section 233 of the Fair Work Act 2009 (Cth), and therefore, the application was dismissed.

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