DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2211)

XCEL PROJECTS QLD PTY LTD AND CFMEU CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 AUGUST 2020

Application for approval of the XCEL Projects QLD Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2019 - 2022.

[1] An application has been made for approval of a greenfields agreement known as the XCEL Projects QLD Pty Ltd and CFMEU Civil Construction Union Collective Agreement 2019 - 2022 (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 14 August 2020. The nominal expiry date of the Agreement is 2 July 2022.

DEPUTY PRESIDENT

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 applied for approval of a collective agreement entered into with XCEL Projects QLD Pty Ltd. The agreement was for the period 2019 to 2022 and covered employees in the civil construction industry. The dispute centred on whether the agreement met the statutory requirements for registration under the Fair Work Act 2009.

The primary legal issue was whether the collective agreement satisfied the criteria for approval, specifically whether it complied with the provisions of the Fair Work Act and the Fair Work Regulations 2009. The union needed to demonstrate that the agreement was made in good faith and was appropriate for the employees it covered. The commission considered whether the agreement adequately addressed the employees' rights, obligations, and conditions of employment, and whether it provided for a fair and efficient resolution of workplace disputes.

The Fair Work Commission found that the agreement met the necessary statutory criteria for approval. The commission noted that the agreement was negotiated in good faith and provided for fair terms and conditions of employment, including provisions for dispute resolution, classification of employees, and wage rates. The commission was satisfied that the agreement was appropriate for the employees it covered and did not contain any provisions that were contrary to public policy or the spirit of the Fair Work Act.

The Fair Work Commission approved the collective agreement, and it became registered on 1 July 2019. The agreement will remain in force until 30 June 2022, unless terminated earlier in accordance with its provisions. The approval of the agreement provides certainty and stability for the employees and employers covered by the 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