DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3292)

B2B LANDSCAPES 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 B2B Landscapes Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the B2B Landscapes 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to approve the B2B Landscapes Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The dispute arose from the need to formalise the terms and conditions of employment for workers involved in the construction of the Queens Wharf Project, with CFMEU seeking to ensure that these terms were fair, reasonable, and in line with the statutory requirements under the Fair Work Act 2009. The Commission was tasked with assessing the fairness and reasonableness of the proposed agreement, taking into account various statutory criteria.

The legal issues before the Commission included whether the proposed agreement met the statutory requirements for approval, including whether it contained all the prescribed terms and conditions, whether it was consistent with the Fair Work Act's objectives, and whether it provided a safety net for employees. The Commission had to determine if the agreement adequately protected employee rights and interests while also balancing the needs and interests of employers. Additionally, the Commission had to consider the extent to which the agreement complied with the statutory requirement for "no-disadvantage" in comparison to the relevant award or registered agreement.

The Commission found that the proposed agreement did not meet the statutory requirements for approval. The primary issue was the lack of a minimum notice period for termination of employment, which was a prescribed term under the Fair Work Act. The Commission held that this omission rendered the agreement unfair and unreasonable, as it failed to provide employees with adequate protection against unjust termination. The Commission also noted that the agreement did not adequately address other prescribed terms, such as provisions for leave and penalty rates, which further contributed to the decision to not approve the agreement. Consequently, the application was dismissed.

The Commission's decision resulted in the refusal to approve the B2B Landscapes Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The Commission directed the parties to engage in further negotiations to address the deficiencies identified in the agreement, with a particular focus on including a minimum notice period for termination and ensuring compliance with all prescribed terms. The Commission's decision underscores the importance of ensuring that collective agreements meet all statutory requirements and provide adequate protection for employees.

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