DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3299)

FITZGERALD CONSTRUCTIONS AUSTRALIA PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 SEPTEMBER 2019

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

[1] An application has been made for approval of a greenfields agreement known as the Fitzgerald Constructions Australia 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 1 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 Construction, Forestry, Maritime, Mining and Energy Union sought approval for the Fitzgerald Constructions Australia Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The applicant union argued that the agreement was in the best interests of the employees and represented an appropriate balance of their rights and interests. The application was heard in the Fair Work Commission. The central issue before the Commission was whether the agreement was in the best interests of the employees. This required a consideration of the balance of rights and interests between the employees and the employer, and whether the agreement achieved a fair and reasonable outcome for both parties.

The Commission considered the evidence and submissions from both the union and the employer. It found that the agreement contained provisions that were in the best interests of the employees, such as provisions for fair pay and conditions, and protections for employees' health and safety. The Commission also found that the agreement achieved a fair and reasonable balance of rights and interests between the employees and the employer. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the Fitzgerald Constructions Australia Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, finding that it was in the best interests of the employees and represented an appropriate balance of their rights and interests. The Commission's decision provides guidance for unions and employers in the construction industry on the types of provisions that may be included in a union collective agreement, and the considerations that the Commission will take into account when deciding whether to approve an agreement.

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