DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2179)

SPANOS (QLD) PTY LIMITED (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

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

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

[1] An application has been made for approval of a greenfields agreement known as the Spanos (QLD) Pty Limited (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

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CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Spanos (QLD) Pty Limited (Spanos). The dispute centred around the application for approval of the Union Collective Agreement 2018, which pertained to the Queens Wharf Project in Queensland. The Fair Work Commission was the court that heard the case.

The legal issues that the Fair Work Commission needed to address were primarily whether the collective agreement was in the best interest of the employees and whether it complied with the relevant legislative requirements. Specifically, the Commission had to determine whether the agreement was fair and reasonable, and whether it met the standards of good faith bargaining and procedural fairness.

In reaching its decision, the Commission considered various factors, including the nature of the project, the bargaining process, and the impact of the agreement on the employees. The Commission found that the agreement was fair and reasonable and met the necessary legislative requirements. The Commission also noted that the bargaining process had been conducted in good faith and that the agreement did not contain any provisions that were contrary to public policy. As a result, the Commission approved the application for the collective agreement.

The Fair Work Commission's approval of the Union Collective Agreement 2018 for the Queens Wharf Project in Queensland was based on the conclusion that the agreement was fair and reasonable and met the necessary legislative requirements. The Commission's decision was grounded in a thorough analysis of the bargaining process and the impact of the agreement on the employees. The approval of the agreement ensures that the project can proceed with a stable and productive industrial relations environment.

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