DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3085)

SCA QLD FAMILY TRUST T/AS SCA (QLD) PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 SEPTEMBER 2019

Application for approval of the SCA QLD Family Trust T/As SCA (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 SCA QLD Family Trust T/As SCA (QLD) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 (the Agreement). The application was made by the 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 the 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 the 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 9 September 2019. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and SCA QLD Family Trust T/As SCA (QLD) Pty Ltd (SCA). The dispute related to the approval of a union collective agreement for the Queensland Wharf Project. The case was heard by the Fair Work Commission of Australia (FWC). The legal issues that the FWC was required to decide were whether the union collective agreement was in accordance with the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment for the employees.

The FWC found that the union collective agreement did not provide for fair and reasonable terms and conditions of employment for the employees. The FWC determined that the agreement contained provisions that were inconsistent with the Fair Work Act 2009 and that the agreement did not provide for adequate protection for employees in the event of a restructure or redundancy. The FWC also found that the agreement did not provide for adequate mechanisms for resolving disputes between employees and the employer. As a result, the FWC refused to approve the union collective agreement.

The FWC's decision was based on its interpretation of the Fair Work Act 2009 and its consideration of the evidence presented by both parties. The FWC found that the union collective agreement did not provide for fair and reasonable terms and conditions of employment for the employees and that it was not in the best interests of the employees or the employer. The FWC also found that the agreement did not provide for adequate mechanisms for resolving disputes between employees and the employer. The FWC's decision was final and could not be appealed. The union collective agreement was not approved and could not be implemented.

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