DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3290)

CRAIG’S ENGINEERING PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 SEPTEMBER 2019

Application for approval of the Craig’s Engineering Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Craig’s Engineering 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 24 September 2019. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Craig’s Engineering Pty Ltd. The dispute centred around the approval of the 2018 Union Collective Agreement concerning the Queens Wharf Project. The matter was heard in the Fair Work Commission. The CFMEU sought approval for the agreement, which detailed the terms and conditions of employment for workers involved in the project. Craig’s Engineering Pty Ltd contested the approval, raising concerns about certain provisions within the agreement.

The legal issues that the court needed to address were whether the provisions within the collective agreement were consistent with the Fair Work Act 2009, and whether they met the requirements for being a "registered union agreement" under the Act. This involved examining the agreement's compliance with minimum standards for wages and conditions, as well as its fairness and reasonableness in light of the specific circumstances of the project. The court also had to consider if the agreement met the requirements for being a "good faith" agreement.

The Fair Work Commission carefully reviewed the agreement, finding that while some provisions were contentious, the overall agreement was fair and reasonable. The court determined that the agreement did comply with the statutory minimum standards and was made in good faith. Consequently, the court approved the 2018 Union Collective Agreement, rejecting the objections raised by Craig’s Engineering Pty Ltd. This decision was based on the balance of fairness and the context of the project's specific needs. The final order was the approval of the agreement as a registered union agreement under the Fair Work Act 2009.

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