DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3142)

TILECORP 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 Tilecorp Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Tilecorp 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 the 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) lodged an application for approval of a collective agreement between the union and Tilecorp Pty Ltd, relating to the Queens Wharf Project. The CFMEU sought to have the agreement recognised as a protected action agreement under the Fair Work Act 2009, which would exempt it from the Act’s requirements regarding protected actions, such as industrial action. Tilecorp Pty Ltd did not oppose the application, however, it did submit that the agreement should not be approved because it contained provisions that were inconsistent with the provisions of the National Employment Standards.

The primary issue before the Commission was whether the agreement met the statutory requirements for approval as a protected action agreement. The Commission considered whether the agreement was a genuine enterprise agreement, whether it was made in good faith, and whether it contained provisions that were inconsistent with the National Employment Standards. The Commission also considered whether the agreement was necessary to facilitate the conduct of protected action, as required by section 394 of the Fair Work Act.

The Commission found that the agreement was a genuine enterprise agreement, made in good faith, and that it did not contain any provisions that were inconsistent with the National Employment Standards. The Commission also found that the agreement was necessary to facilitate the conduct of protected action. The Commission noted that the agreement provided for the establishment of a protected industrial action committee, which would be responsible for coordinating and facilitating protected action. The Commission concluded that the agreement met all the requirements for approval as a protected action agreement.

The Fair Work Commission approved the Tilecorp Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 as a protected action agreement, effective from the date of the decision. The agreement provides for the establishment of a protected industrial action committee, which will be responsible for coordinating and facilitating protected action. The agreement also contains provisions relating to the terms and conditions of employment of employees covered by the agreement. The Commission noted that the agreement provided for a fair and reasonable outcome for both the union and the employer, and that it facilitated the conduct of protected action in a manner that was consistent with the provisions of the Fair Work Act.

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