DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4821)

HEINRICH FORMWORK PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 DECEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Heinrich Formwork Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2019. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of a collective agreement with Heinrich Formwork Pty Ltd in relation to the Queens Wharf Project. The union argued that the agreement contained terms and conditions that were necessary to facilitate the efficient and effective construction of the project, and that it provided a fair balance between the interests of the workers and the employer. Heinrich Formwork Pty Ltd opposed the application, arguing that certain provisions of the agreement were not necessary or appropriate, and that they would have an adverse impact on the project's progress and profitability.

The Commission was required to determine whether the agreement contained terms and conditions that were necessary or appropriate for the purposes of facilitating the efficient and effective construction of the project, and whether it provided a fair balance between the interests of the workers and the employer. The Commission also had to consider whether any provisions of the agreement would have an adverse impact on the project's progress and profitability, and whether they were consistent with relevant laws and regulations.

After considering the evidence and submissions from both parties, the Commission found that the agreement contained terms and conditions that were necessary or appropriate for the purposes of facilitating the efficient and effective construction of the project. The Commission also found that the agreement provided a fair balance between the interests of the workers and the employer, and that it was consistent with relevant laws and regulations. The Commission approved the agreement subject to certain modifications, including the removal of a provision that would have allowed for the use of non-union labour on the project.

The Commission's decision was based on a careful consideration of the evidence and submissions from both parties, and a thorough analysis of the relevant laws and regulations. The Commission found that the agreement was necessary and appropriate for the efficient and effective construction of the project, and that it provided a fair balance between the interests of the workers and the employer. The Commission's decision provides guidance for future collective agreements in the construction industry, and highlights the importance of balancing the interests of all parties involved in a 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