DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/857)

BJS GROUP (QLD) PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 APRIL 2020

Application for approval of the BJS Group (Qld) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the BJS Group (Qld) 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 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 22 April 2020. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union for approval of the BJS Group (Qld) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The application was made under the Fair Work Act 2009, which requires that a union collective agreement must be approved by the Fair Work Commission before it can be registered and enforced. The dispute centred on the terms and conditions of employment for workers engaged under the agreement and the extent to which they complied with the provisions of the Act.

The key legal issues that the Commission had to decide were whether the terms of the collective agreement complied with the requirements of the Fair Work Act and whether the union had followed the correct process in negotiating and finalising the agreement. The Commission had to consider whether the agreement contained terms that were not genuinely bargained between the parties, whether it unfairly disadvantaged any employees, and whether it complied with the various provisions of the Act that deal with minimum entitlements, penalty rates, and dispute resolution.

In its decision, the Commission found that the agreement was generally in compliance with the Act, although it identified some minor issues that needed to be addressed. The Commission determined that the union had followed the correct process in negotiating the agreement, and that the terms of the agreement were genuinely bargained between the parties. The Commission did, however, make some minor amendments to the agreement to ensure that it complied with the Act, such as by clarifying certain provisions and correcting minor errors. Overall, the Commission was satisfied that the agreement provided fair and reasonable terms and conditions of employment for the workers covered by it and approved the application for registration.

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