DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2889)

SOUTHEAST FLOORS 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 Southeast Floors Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

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

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CaseChat Overview and Summary

In this matter, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of a Union Collective Agreement 2018 from the Fair Work Commission. The agreement related to the employment of workers at the Queen's Wharf Project in Brisbane, Queensland, by Southeast Floors Pty Ltd. The dispute centred on the procedural fairness of the application process, particularly whether the Union had adequately consulted with its members regarding the agreement and whether the application was made in good faith.

The central legal issues before the Commission were whether the Union had sufficiently consulted its members in accordance with section 231 of the Fair Work Act 2009, and whether the application for approval was made in good faith as required by section 235 of the same Act. The Commission had to consider the extent of the consultation process and whether it met the statutory requirements, as well as evaluate whether there was any evidence of bad faith in the Union's application.

The Fair Work Commission determined that the Union had not adequately consulted with its members, and therefore did not meet the requirements of section 231. The Commission found that the consultation process was insufficient to ensure that the members' views were properly considered. Furthermore, the Commission concluded that the application was not made in good faith because it did not demonstrate a genuine intention to reach an agreement that fairly represented the interests of the employees. The Commission therefore rejected the application for approval of the Union Collective Agreement 2018.

Consequently, the Commission made an order that the application for approval of the Union Collective Agreement 2018 be dismissed. The decision emphasised the importance of proper consultation and good faith in the application process for Union Collective Agreements.

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