DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3089)

ENVIROSTRUCT SERVICES 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 Envirostruct Services Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Envirostruct Services 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 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

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Envirostruct Services Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The applicant, the Construction, Forestry, Maritime, Mining and Energy Union, sought the commission's approval of the agreement, which was intended to govern the employment conditions of workers engaged in the construction of the Queens Wharf development in Melbourne. The union argued that the agreement was necessary to facilitate the efficient and orderly progress of the work.

The central legal issues that the commission needed to address were whether the collective agreement complied with the requirements of the Fair Work Act 2009, and whether it met the criteria for being a "protected action agreement" under the Fair Work (Registered Organisations) Act 2009. Specifically, the commission had to consider whether the agreement provided for a fair and reasonable balance between the interests of the employer and employees, and whether it aligned with the broader objectives of the Fair Work Act in promoting cooperative workplace relations.

The Fair Work Commission determined that the collective agreement was compliant with the statutory requirements and met the criteria for a protected action agreement. The commission found that the agreement was necessary to facilitate the efficient and orderly progress of the work, and that it provided for a fair and reasonable balance between the interests of the employer and employees. The commission also noted that the agreement contained provisions that aligned with the broader objectives of the Fair Work Act in promoting cooperative workplace relations. As a result, the commission approved the agreement, allowing it to come into effect and govern the employment conditions of workers engaged in the Queens Wharf development.

In approving the agreement, the commission made orders under section 236 of the Fair Work Act, certifying the collective agreement as a protected action agreement. The union's application for approval of the Envirostruct Services Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 was accordingly granted.

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