DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/832)

FREO GROUP 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 Freo Group Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Freo Group 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Freo Group Pty Ltd in relation to the Queens Wharf Project. The CFMEU sought to have the agreement recognised as a protected action (greenfields) agreement under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary criteria for such approval, including the need for the agreement to be in the national system’s best interests and to provide a safety net for employees.

The primary legal issue before the Commission was whether the proposed agreement adequately satisfied the legislative requirements for a protected action (greenfields) agreement. This involved assessing whether the agreement provided a safety net for employees, met the best interest test, and was appropriately negotiated. Additionally, the Commission needed to determine whether the agreement aligned with the broader objectives of the Fair Work Act, particularly in terms of ensuring fairness and providing adequate protections for employees.

In reaching its decision, the Commission carefully examined the provisions of the proposed agreement against the statutory criteria. The Commission noted the parties’ arguments and submissions, taking into account the nature of the project and the implications for the workforce. Ultimately, the Commission concluded that the agreement provided an appropriate safety net for employees and met the best interest test. The Commission found that the agreement was negotiated in good faith and provided adequate protections, thereby satisfying the necessary legislative requirements. Consequently, the Commission approved the application for the agreement to be recognised as a protected action (greenfields) agreement.

The Commission's final order was the approval of the Union Collective Agreement 2018 as a protected action (greenfields) agreement, effective from the date of the decision. This approval allows the agreement to operate under the terms set out, providing a framework for the employment conditions of workers involved in the Queens Wharf Project.

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