DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/431)

AGC INSTALLATIONS PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 MARCH 2020

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

[1] An application has been made for approval of a greenfields agreement known as the AGC Installations 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 12 March 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 matter before the Fair Work Commission involved an application for the approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and AGC Installations Pty Ltd, concerning the Queens Wharf Project. The application was brought pursuant to the Fair Work Act 2009, seeking the Commission's endorsement of the agreement which had been negotiated between the parties. The central dispute focused on whether the agreement met the statutory requirements for approval, particularly in relation to its compliance with the relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009.

The key legal issues before the Commission included whether the agreement appropriately addressed the terms and conditions of employment for the workers involved, whether it provided adequate protections and benefits, and whether it was negotiated in good faith and represented the interests of the employees fairly. The Commission had to assess whether the agreement was consistent with the broader objectives of the Fair Work Act, which aims to facilitate cooperative and productive workplace relations.

The Commission found that the collective agreement met all the necessary statutory requirements for approval. It was determined that the agreement appropriately addressed the terms and conditions of employment, provided adequate protections for the workers, and was negotiated in good faith. The agreement was deemed to be in the best interests of the employees, providing them with fair and reasonable terms. The Commission was satisfied that the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009.

Consequently, the Fair Work Commission approved the AGC Installations Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The decision was made in accordance with section 234 of the Fair Work Act 2009, reflecting the Commission's determination that the agreement met all the necessary criteria for endorsement. The approval of the agreement ensures that the workers involved in the Queens Wharf Project will benefit from the terms negotiated between the CFMEU and AGC Installations Pty Ltd.

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