Construction, Forestry, Maritime, Mining and Energy Union

[2019] FWCA 6769

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2019/3579)

Placecorp (Australia) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

Building, metal and civil construction industries
Commissioner Lee	MELBOURNE, 2 OCTOBER 2019

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

An application has been made for approval of a greenfields agreement known as the Placecorp (Australia) 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).

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2019. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union and Placecorp (Australia) Pty Ltd concerning the Queens Wharf Project. The application was brought to the Fair Work Commission, an independent statutory body with jurisdiction over employment and workplace relations matters in Australia.

The central legal issue was whether the proposed collective agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith, if it was in the best interests of the employees, and if it complied with the provisions of the Act. Additionally, the court had to consider if the agreement adequately addressed the working conditions, terms and conditions of employment, and dispute resolution mechanisms for the employees involved in the Queens Wharf Project.

The Fair Work Commission found that the agreement was made in good faith and was in the best interests of the employees. The court was satisfied that the agreement met the necessary criteria under the Fair Work Act, including provisions for wages, conditions of employment, and dispute resolution. The agreement was also found to comply with all relevant provisions of the Act, and it provided for appropriate safeguards and protections for the employees. Consequently, the court approved the collective agreement, recognising its benefits in terms of fairness and the resolution of potential workplace disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established