DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2887)

SCOOTER COMMERCIAL 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 Scooter Commercial Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Scooter Commercial 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 matter before the court involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the Scooter Commercial Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The applicant sought approval of this agreement under the Fair Work Act 2009 (Cth). The respondent, Scooter Commercial Pty Ltd, opposed the application. The court was required to determine whether the agreement met the statutory requirements for approval and whether it was in the best interests of the employees covered by the agreement.

The primary legal issue before the court was whether the agreement met the statutory criteria set out in the Fair Work Act 2009 (Cth). Specifically, the court needed to consider whether the agreement provided for minimum terms and conditions of employment, whether it was made in good faith, and whether it was in the best interests of the employees. The court also needed to consider whether the agreement complied with any relevant industrial instruments and whether it contained any terms that were inconsistent with the provisions of the Fair Work Act 2009 (Cth).

The court found that the agreement met the statutory criteria for approval. The agreement provided for minimum terms and conditions of employment and was made in good faith. The court was satisfied that the agreement was in the best interests of the employees covered by the agreement, as it provided for a number of benefits, including increased pay rates, improved working conditions, and better access to training and development opportunities. The court also found that the agreement complied with any relevant industrial instruments and did not contain any terms that were inconsistent with the provisions of the Fair Work Act 2009 (Cth). As a result, the court approved the agreement.

The court ordered that the Scooter Commercial Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 be approved and registered under the Fair Work Act 2009 (Cth). The agreement will now have the force of an industrial instrument and will apply to the employees covered by the agreement. The respondent, Scooter Commercial Pty Ltd, is bound by the terms of the agreement and must comply with its provisions. The applicant, CFMEU, is also bound by the terms of the agreement and must ensure that its members comply with the provisions of the agreement.

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