DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1597)

GHR CONSOLIDATED PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JUNE 2020

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

[1] An application has been made for approval of a greenfields agreement known as the GHR Consolidated Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 (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 2 July 2020. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

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 between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and GHR Consolidated Pty Ltd (GHR), in relation to the Queens Wharf Project. The CFMEU sought approval for the agreement, which aimed to govern the employment terms and conditions for workers involved in the project. The legal issues before the Commission were whether the agreement complied with the statutory requirements under the Fair Work Act 2009 and whether it provided for the appropriate processes for resolving disputes and ensuring fair and equitable outcomes for the workers.

The Commission considered several aspects of the agreement in determining its compliance. It assessed whether the agreement contained all the mandatory terms and conditions as required by the Act, whether it provided for appropriate dispute resolution mechanisms, and whether it promoted harmonious workplace relations. The Commission also examined the agreement's provisions concerning redundancy and termination, as well as the provisions regarding the protection of workers' rights. The CFMEU argued that the agreement was fair and reasonable, and that it provided for an effective and efficient dispute resolution process. GHR, on the other hand, raised concerns about certain provisions, including the potential for increased costs and complexity in managing the workforce.

After careful consideration of the arguments and evidence presented by both parties, the Commission found that the agreement complied with the statutory requirements and was in the best interests of the workers. The Commission was satisfied that the agreement provided for appropriate dispute resolution mechanisms and that it promoted harmonious workplace relations. The Commission also found that the provisions concerning redundancy and termination, as well as the provisions regarding the protection of workers' rights, were fair and reasonable. Consequently, the Commission approved the application for the agreement's approval.

In summary, the Fair Work Commission approved the union collective agreement between the CFMEU and GHR for the Queens Wharf Project, finding that it complied with the statutory requirements and was in the best interests of the workers. The Commission considered various aspects of the agreement, including its provisions for dispute resolution, redundancy and termination, and the protection of workers' rights. The approval of the agreement allows for the continued operation of the project under the agreed terms and conditions.

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