DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/311)

ARROW ACCESS (QLD) PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 FEBRUARY 2020

Application for approval of the Arrow Access (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 Arrow Access (Qld) 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 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 Fair Work Commission was asked to approve a union collective agreement for the construction of the Queens Wharf project in Brisbane. The applicant, the Construction, Forestry, Maritime, Mining and Energy Union, sought approval for the Arrow Access (Qld) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The legal issues before the Commission included whether the agreement complied with the Fair Work Act 2009 and whether it met the requirements for approval under the Act. The Commission had to assess whether the agreement contained terms that were fair and reasonable, and whether it complied with the legislative framework for union collective agreements.

The Commission examined the provisions of the agreement and found that it complied with the requirements of the Fair Work Act. It was noted that the agreement contained standard terms and conditions of employment, as well as provisions for dispute resolution and the role of the union in the workplace. The Commission also considered the nature of the project and the bargaining power of the parties. It found that the agreement was fair and reasonable, and that it met the requirements for approval under the Act. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act.

The Commission's decision was based on a detailed analysis of the agreement and the relevant legislation. It found that the agreement was consistent with the principles of the Fair Work Act, and that it provided for fair and reasonable terms and conditions of employment. The Commission also noted that the agreement contained provisions for dispute resolution and the role of the union in the workplace, which were consistent with the legislative framework for union collective agreements. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act. The modifications were made to ensure that the agreement complied with the requirements of the Fair Work Act, and to address any concerns that the Commission had about 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