DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3751)

TENSIONED CONCRETE 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 Tensioned Concrete Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Tensioned Concrete 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 18 October 2019. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Tensioned Concrete Pty Ltd (TCPL). The dispute centred around the approval of a Union Collective Agreement (UCA) for the Queens Wharf Project. The Fair Work Commission (FWC) was the court in which this matter was heard. The CFMEU sought approval for the UCA, which outlined the terms and conditions of employment for workers engaged by TCPL for the Queens Wharf Project.

The legal issues before the FWC were whether the UCA complied with the relevant statutory provisions and whether it was in the interests of the employees and employers. The Commission had to consider whether the UCA provided for fair and reasonable terms and conditions, including wages and other employment terms, and whether it complied with the requirements of the Fair Work Act 2009. The CFMEU argued that the UCA was fair and reasonable and provided for the efficient conduct of the project. TCPL, on the other hand, contended that the UCA imposed excessive and unreasonable terms, which would impact their business adversely.

In delivering its decision, the FWC considered the evidence and submissions from both parties. The Commission noted that the UCA provided for wages and conditions that were fair and reasonable, taking into account the nature of the work and the parties' bargaining positions. The FWC also found that the UCA did not impose unreasonable terms on TCPL, as it facilitated the efficient conduct of the project. Therefore, the FWC approved the UCA, stating that it met the requirements of the Fair Work Act and was in the interests of both the employees and employers. No further orders were made by the FWC.

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