DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3090)

NOVUS RESOURCES 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 Novus Resources Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration was an application by the Construction, Forestry, Maritime, Mining and Energy Union for approval of the Novus Resources Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The application was brought before the Fair Work Commission, specifically in its general protective provisions, where it was necessary to determine the fairness and compliance of the collective agreement with the Fair Work Act 2009. The dispute centred on whether the terms of the agreement were in the interests of the employees and whether they met the statutory requirements for approval under the Act.

The central legal issues that the Commission needed to address were whether the agreement contained provisions that were contrary to the public interest, whether it met the criteria for approval under section 234 of the Fair Work Act, and whether it provided appropriate protections for employees. The Commission also had to consider if the agreement complied with the Fair Work (Registered Organisations) Act 2009 and whether it was consistent with the principles of procedural fairness and good faith bargaining.

The Fair Work Commission found that the Novus Resources Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 did not contravene the public interest or contain any provisions that were against the principles of good faith bargaining or procedural fairness. The Commission determined that the agreement met the necessary criteria for approval under the Fair Work Act and was in the interests of the employees. The agreement was found to provide appropriate protections for employees and was consistent with the statutory requirements for approval. Consequently, the application for approval was successful.

The Commission's decision was that the Novus Resources Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 was approved and could be registered as a green-field agreement under section 172 of the Fair Work Act. The final order was that the agreement be registered, and it would be in effect from the date of the decision.

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