DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3293)

MASTER FLOOR PREPARERS (QLD) 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 Master Floor Preparers (QLD) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Master Floor Preparers (QLD) 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 for the approval of the Master Floor Preparers (QLD) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The applicant, Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on the terms and conditions set forth in the proposed agreement, which was intended to govern the employment of floor preparers at the Queens Wharf Project. The Commission was required to determine whether the agreement met the necessary criteria for approval, including compliance with the provisions of the Act and the principles of good faith bargaining.

The legal issues before the Commission included whether the agreement was the product of genuine and meaningful negotiations between the parties, whether the terms of the agreement were fair and reasonable, and whether the agreement complied with the provisions of the Fair Work Act. Additionally, the Commission had to consider whether the agreement provided adequate protections for employees, including those related to wages, working conditions, and dispute resolution mechanisms. The Commission also assessed whether the agreement was consistent with the broader objectives of the Fair Work Act, including the promotion of harmonious, productive, and cooperative workplace relations.

In reaching its decision, the Commission carefully examined the evidence and submissions presented by the parties. It found that the agreement was the result of genuine and meaningful negotiations and that the terms of the agreement were fair and reasonable. The Commission was satisfied that the agreement complied with the relevant provisions of the Fair Work Act and provided adequate protections for employees. The Commission also concluded that the agreement was consistent with the broader objectives of the Act, including the promotion of cooperative workplace relations. Accordingly, the Commission approved the Master Floor Preparers (QLD) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, subject to certain conditions.

The final orders of the Commission included the approval of the agreement, with conditions that required the parties to provide certain information and reports to the Commission, and that the agreement be subject to review and potential amendment in the future. The Commission also made orders regarding the enforcement of the agreement and the resolution of any disputes that may arise under its terms. Overall, the Commission's decision provided clarity and certainty for the parties involved in the agreement and helped to ensure that the employment terms and conditions at the Queens Wharf Project were fair and reasonable.

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