DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3750)

INFINITY CONSTRUCTIONS 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 Infinity Constructions 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 Infinity Constructions 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 case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union for approval of the Infinity Constructions Qld Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The application was brought before the Fair Work Commission (FWC). The dispute centred on the procedural fairness of the application and the requirements for approval of a union collective agreement under the Fair Work Act 2009. The central legal issue was whether the FWC had properly exercised its discretion in approving the collective agreement, particularly in light of the union's procedural actions and the need for compliance with the relevant legislative provisions.

The FWC found that the union had not adequately notified certain affected employees of the application, which was a procedural requirement under the Fair Work Regulations. Despite this, the FWC determined that the overall process was fair and that the approval of the agreement was in the best interests of the employees and the employer. The union's failure to notify some employees did not prejudice the outcome of the application, as the affected employees were still able to participate in the proceedings. The FWC also considered the benefits of the agreement to the employees, which included improved wages, conditions, and dispute resolution mechanisms.

In granting the application, the FWC emphasised the importance of procedural fairness while also recognising the need to balance this with the overarching goal of promoting industrial harmony. The FWC concluded that the procedural shortcomings did not significantly impact the fairness of the overall process, and that the approval of the agreement would serve the best interests of the employees and the employer. The decision underscores the FWC's role in ensuring that union collective agreements are both procedurally fair and substantively beneficial to the workforce.

The FWC approved the Infinity Constructions Qld Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, subject to certain conditions that addressed the procedural fairness concerns. The union was required to take specific steps to ensure that affected employees were notified of the application and given an opportunity to participate in the proceedings. This decision highlights the importance of procedural fairness in union collective agreements while also emphasising the FWC's discretion to balance procedural requirements with the need for industrial harmony.

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