DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2322)

ALL ASPECTS ABSEILING COMMERCIAL PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

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

Application for approval of the All Aspects Abseiling 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 All Aspects Abseiling 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 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 parties involved in the matter were the Construction, Forestry, Maritime, Mining and Energy Union and All Aspects Abseiling Commercial Pty Ltd, with the dispute centering on the approval of the All Aspects Abseiling Commercial Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The matter was brought before the Fair Work Commission, an Australian federal statutory tribunal with the authority to adjudicate on employment and workplace relations matters.

The central legal issue before the Commission was whether the proposed collective agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided fair and reasonable terms and conditions of employment, and if it adhered to the principles of good faith bargaining and industrial fairness. The Commission also had to consider whether the agreement would facilitate the efficient operation of the workplace.

In delivering its decision, the Fair Work Commission examined the terms of the agreement, the bargaining process, and the broader context of the industry. The Commission found that the agreement provided fair and reasonable terms and conditions of employment, and that it was the product of good faith bargaining. The Commission also concluded that the agreement would facilitate the efficient operation of the workplace, and was therefore in accordance with the principles of industrial fairness. Based on this analysis, the Commission approved the All Aspects Abseiling Commercial Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

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