DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2880)

DELTA PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

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

Application for approval of the Delta Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Delta 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 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 parties involved in the application for approval of the Delta Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Delta Pty Ltd. The dispute arose over the terms of a proposed collective agreement concerning the Queens Wharf Project in Brisbane. The case was heard by the Fair Work Commission, an Australian federal statutory tribunal with the jurisdiction to make binding decisions on workplace relations matters.

The legal issues before the Commission centred on whether the proposed collective agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith and if it was in the best interests of the employees. Further, the Commission needed to assess if the agreement was fair and reasonable, considering the overall economic, employment, and productivity implications.

The Fair Work Commission found that the agreement was made in good faith and was in the best interests of the employees. The Commission also determined that the agreement was fair and reasonable, taking into account the economic, employment, and productivity implications. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including appropriate wage rates, leave provisions, and dispute resolution mechanisms. Consequently, the Commission approved the Delta Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

The Fair Work Commission's decision resulted in the approval of the proposed collective agreement, which now governs the employment conditions for workers on the Queens Wharf Project. The approval signifies that the agreement complies with the relevant legislation and that it is in the best interests of both the employees and the employer.

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