DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2320)

THE TRUSTEE FOR WILLIAMS FAMILY TRUST T/AS STEEL STRUCTURES AUSTRALIA (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 JULY 2019

Application for approval of The Trustee for Williams Family Trust T/As Steel Structures Australia (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as The Trustee for Williams Family Trust T/As Steel Structures Australia (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 25 July 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 Fair Work Commission involved an application for the approval of the "The Trustee for Williams Family Trust T/As Steel Structures Australia (Queens Wharf Project) Union Collective Agreement 2018." The applicants were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the employer, Steel Structures Australia (Queens Wharf Project). The dispute centred around the terms and conditions of employment for workers on the Queens Wharf Project, with the CFMEU seeking to negotiate and establish a collective agreement that would govern the working conditions of its members employed by the employer.

The legal issues the court had to address included whether the proposed collective agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it provided for minimum terms and conditions, and whether it was consistent with the provisions of the Act. Another significant issue was whether the agreement complied with the "better off overall test" under section 234 of the Act, meaning that the agreement must ensure that employees are not worse off financially and, in some cases, are better off overall than if the agreement had not been made.

The Fair Work Commission, in its decision, carefully examined the proposed agreement and concluded that it did indeed meet the criteria for approval. The Commission found that the agreement provided for the minimum terms and conditions required by the Act and that it was consistent with the overarching provisions of the legislation. Additionally, the Commission determined that the agreement satisfied the better off overall test. The Commission took into account the financial implications for the employees and the potential benefits they would receive under the new agreement, ultimately concluding that the agreement was in the best interests of the employees. The court approved the collective agreement, emphasising the importance of providing fair and equitable terms for the workers involved in the project.

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