DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3303)

WACO KWIKFORM LIMITED (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 Waco Kwikform Limited (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Waco Kwikform Limited (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

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union lodged an application for approval of a Union Collective Agreement 2018 with Waco Kwikform Limited, the applicant employer. The dispute was heard in the Fair Work Commission, the relevant tribunal for employment matters. The key issue before the Commission was whether the terms and conditions outlined in the proposed Union Collective Agreement 2018 were fair and reasonable, and whether they complied with the provisions of the Fair Work Act 2009. In particular, the Commission needed to determine if the agreement provided appropriate protections and benefits for the employees covered by it, while also ensuring that it did not unduly burden the employer.

The Commission assessed the agreement in light of the relevant legislative and regulatory framework, considering the principles of fairness, equity and the broader economic context. The applicant union argued that the proposed agreement was necessary to safeguard the rights and interests of its members, while the employer contended that some provisions were excessively restrictive and detrimental to the business. After careful consideration of the evidence and submissions from both parties, the Commission found that, while some aspects of the agreement could be improved, the overall balance of the agreement was fair and reasonable. The Commission approved the Union Collective Agreement 2018, subject to certain modifications to address specific concerns raised during the hearing. These modifications primarily involved the clarification and adjustment of certain provisions to ensure a fair and balanced outcome for both the employees and the employer.

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