DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2878)

AUSTRALIAN POST TENSIONING PTY LTD T/AS AUSPT (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 26 AUGUST 2019

Application for approval of the Australian Post Tensioning Pty Ltd T/As AUSPT (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Australian Post Tensioning Pty Ltd T/As AUSPT (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 2 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 case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the Australian Post Tensioning Pty Ltd (trading as AUSPT) Union Collective Agreement 2018. The application was heard by the Fair Work Commission. The CFMEU sought to have the agreement approved under the Fair Work Act 2009, which governs workplace relations in Australia. The dispute centred around the terms and conditions outlined in the proposed collective agreement, specifically those relating to employment practices and dispute resolution mechanisms.

The primary legal issue before the Commission was whether the proposed agreement complied with the statutory requirements under the Fair Work Act. This included an assessment of whether the agreement provided for a fair and reasonable resolution of employment disputes, and whether it was consistent with the Act's objectives of promoting cooperative and productive workplace relations. The CFMEU argued that the agreement was fair and reasonable, while AUSPT contended that certain provisions were not in line with the statutory requirements.

In its decision, the Commission considered the overall fairness of the agreement, taking into account the balance of rights and obligations, the dispute resolution mechanisms, and the context of the industry. The Commission found that the agreement generally met the statutory requirements and was fair and reasonable. It highlighted that the agreement provided for a fair process for resolving disputes and that the CFMEU had demonstrated a commitment to using alternative dispute resolution methods before resorting to industrial action. The Commission approved the agreement, subject to minor modifications to address specific concerns raised by AUSPT.

The final orders included the approval of the AUSPT Union Collective Agreement 2018, with modifications to certain clauses as specified by the Commission. The agreement was to be registered with the Fair Work Commission, and the parties were directed to give effect to the approved terms and conditions.

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