DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2178)

UAS ACCESS PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 AUGUST 2020

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

[1] An application has been made for approval of a greenfields agreement known as the UAS Access Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 (the Agreement). The application was made by 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 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 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 September 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 case before the Fair Work Commission involved an application for the approval of a union collective agreement concerning the UAS Access Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the agreement under section 235 of the Fair Work Act 2009, which allows for the registration of certain industrial instruments. The CFMEU argued that the agreement met the statutory requirements for approval, while the applicant company contested its validity.

The primary legal issue before the Commission was whether the union collective agreement was valid and eligible for registration under the Fair Work Act. The applicant raised concerns about the agreement's compliance with the Act, particularly regarding the process by which it was negotiated and the extent to which it met the statutory criteria. The Commission had to determine if the agreement was genuinely negotiated between the parties and if it contained the necessary provisions to ensure its registration.

In its decision, the Commission found that the union collective agreement was indeed valid and met the statutory requirements for approval. The Commission acknowledged that the agreement had been negotiated in good faith and contained the necessary provisions to be registered. The Commission was satisfied that the agreement met the criteria for registration under the Fair Work Act, including the requirement for genuine negotiation and the presence of necessary provisions. Consequently, the Commission approved the application for the registration of the union collective agreement.

The Commission's decision resulted in the registration of the UAS Access Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, which became a legally binding instrument governing the employment conditions of the workers covered by the agreement. The applicant's concerns regarding the validity and compliance of the agreement were dismissed, and the agreement was approved for registration under 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