DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3562)

SUPERIOR WALLS & CEILINGS (QLD) PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 OCTOBER 2019

Application for approval of the Superior Walls & Ceilings (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 Superior Walls & Ceilings (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 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 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 8 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 Construction, Forestry, Maritime, Mining and Energy Union sought approval of a Union Collective Agreement 2018 with Superior Walls & Ceilings (QLD) Pty Ltd (Queens Wharf Project) from the Fair Work Commission. The agreement related to the terms and conditions of employment for the workers in the Queensland construction industry. The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the workers. The Commission found that the agreement met the requirements of the Act and was in the best interests of the workers. The agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave, and other benefits.

The Commission considered the evidence and submissions from the parties and found that the agreement was a good faith attempt to regulate the terms and conditions of employment. The agreement provided for a fair and reasonable balance of rights and obligations between the employer and the employees. The Commission also found that the agreement was in the best interests of the workers, as it provided for fair and reasonable terms and conditions of employment that took into account the needs and aspirations of the workers. The Commission approved the agreement and made orders accordingly.

The Fair Work Commission approved the Union Collective Agreement 2018 between the Construction, Forestry, Maritime, Mining and Energy Union and Superior Walls & Ceilings (QLD) Pty Ltd (Queens Wharf Project). The Commission found that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the workers. The agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, leave, and other benefits. The Commission made orders approving the agreement and directed that it be registered with the Fair Work Commission. The orders also provided for the agreement to be in effect from the date of the Commission's decision.

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