DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3307)

THE TRUSTEE FOR HIGHRISE BUILDING SERVICES TRUST T/AS HIGHRISE BUILDING SERVICES 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 The Trustee For Highrise Building Services Trust T/As Highrise Building Services Pty ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the The Trustee For Highrise Building Services Trust T/As Highrise Building Services 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 case before the court involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a union collective agreement for the workers employed in the Queens Wharf Project, managed by The Trustee For Highrise Building Services Trust T/As Highrise Building Services Pty Ltd. The CFMEU sought to have the agreement recognised as a valid and binding instrument under the relevant industrial legislation.

The primary legal issue for the court to decide was whether the application met the criteria for approval under the applicable industrial laws. This required a careful examination of the terms of the proposed agreement, the process through which it was negotiated, and whether it complied with the procedural and substantive requirements set out in the relevant legislation. Additionally, the court had to consider if the agreement appropriately balanced the rights and interests of both the union and the employer.

In reaching its decision, the court carefully analysed the provisions of the proposed agreement and the process that led to its negotiation. The court found that the agreement was negotiated in good faith and that it met all the necessary procedural requirements. Furthermore, the court confirmed that the agreement was fair and reasonable, taking into account the interests of both the union and the employer. Consequently, the court approved the application and recognised the union collective agreement as valid and binding.

As a result of the court's decision, the union collective agreement was approved and became a legally binding instrument between the CFMEU and The Trustee For Highrise Building Services Trust T/As Highrise Building Services Pty Ltd. This outcome provided certainty and stability for the workers involved in the Queens Wharf Project and ensured that their rights and interests were appropriately protected under the terms of the 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