DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3294)

LINDORES CONSTRUCTION LOGISTICS 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 Lindores Construction Logistics Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Lindores Construction Logistics 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 involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the Lindores Construction Logistics Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The respondent, Lindores Construction Logistics Pty Ltd, contested the application, raising concerns about the agreement's provisions. The case was heard by the Fair Work Commission (FWC), the body responsible for overseeing industrial relations matters in Australia.

The central legal issues before the FWC included whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining and procedural fairness. The FWC had to determine if the agreement contained any unfair or unreasonable provisions and whether it was made in accordance with the requirements set forth in the legislation.

In its decision, the FWC meticulously examined the terms of the collective agreement, considering the arguments from both parties. The Commission found that while the agreement contained some provisions that were not in line with the Fair Work Act, these issues were minor and did not undermine the overall fairness of the agreement. The FWC concluded that the agreement was made in good faith and with procedural fairness, and thus, it approved the Lindores Construction Logistics Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The FWC's ruling was grounded in its assessment of the balance between the rights of the employees and the employer, ensuring that the agreement met the necessary legal standards.

The final orders of the FWC included the approval of the collective agreement, subject to certain conditions and amendments to address the identified issues. The FWC mandated that Lindores Construction Logistics Pty Ltd and the CFMEU work together to implement the agreed changes, ensuring that the agreement would fully comply with the Fair Work Act. This decision provided clarity and legal certainty for both parties, allowing the agreement to take effect as intended.

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