DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4302)

GVK QLD REO PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 NOVEMBER 2019

Application for approval of the GVK QLD Reo Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the GVK QLD Reo 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 29 November 2019. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the GVK QLD Reo Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the agreement, which was contested by GVK QLD Reo Pty Ltd. The matter was heard in the Fair Work Commission of Australia. The primary dispute centred around the terms and conditions of employment, specifically concerning the classification and remuneration of workers involved in the Queens Wharf Project. The CFMEU argued that the proposed agreement adequately protected the rights and interests of the workers, while GVK QLD Reo Pty Ltd contended that certain provisions were unreasonable and should not be approved.

The court was required to determine whether the proposed agreement was fair and reasonable, and whether it complied with the applicable provisions of the Fair Work Act 2009. The court needed to assess the fairness of the agreement's terms and conditions, taking into account the principles of good faith bargaining, the need for flexibility and efficiency in the workplace, and the protection of workers' rights and interests. The court also had to consider the proportionality of the agreement's provisions, ensuring that they were not overly restrictive or burdensome on the employer.

The Fair Work Commission, after carefully considering the arguments presented by both parties, found that the proposed agreement was fair and reasonable. The court held that the agreement complied with the relevant provisions of the Fair Work Act 2009, and that the terms and conditions were proportionate and balanced. The court approved the GVK QLD Reo Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, allowing it to come into effect. The decision provided clarity on the legal requirements for the approval of collective agreements and reinforced the importance of good faith bargaining between employers and unions.

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