DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3765)

OCTEROS CABINETS (QLD) PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 OCTOBER 2019

Application for approval of the Octeros Cabinets (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 Octeros Cabinets (QLD) 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 18 October 2019. 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 concerned an application for the approval of a union collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Octeros Cabinets (QLD) Pty Ltd in relation to the Queen's Wharf Project. The CFMEU sought approval for the agreement under section 235 of the Fair Work Act 2009. The primary issue before the Commission was whether the agreement met the criteria for approval as set out in the legislation, specifically whether the agreement was in the public interest and would facilitate the harmonious, productive and economical operation of the enterprise.

The Commission examined whether the agreement provided for appropriate mechanisms for resolving workplace disputes and whether it adequately protected employees' rights. Additionally, the Commission considered the extent to which the agreement facilitated productivity and economic efficiency in the enterprise. The CFMEU argued that the agreement was in the public interest, as it provided for fair and reasonable terms and conditions for employees and facilitated a cooperative and productive working environment. Octeros Cabinets (QLD) Pty Ltd, on the other hand, contended that certain provisions of the agreement were not in the public interest and would hinder the efficient operation of the enterprise.

After considering the arguments and evidence presented by both parties, the Commission found that the agreement was in the public interest and would facilitate the harmonious, productive and economical operation of the enterprise. The Commission noted that the agreement provided for appropriate mechanisms for resolving workplace disputes and protected employees' rights. Furthermore, the Commission was satisfied that the agreement facilitated productivity and economic efficiency in the enterprise. Consequently, the Commission approved the agreement under section 235 of the Fair Work Act 2009. The Commission issued a certificate of registration for the agreement, which will now be binding on the parties and their employees.

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