DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2323)

NISSRINE PTY LTD T/AS SS IRRIGATION (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

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

Application for approval of the Nissrine Pty Ltd T/As SS Irrigation (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Nissrine Pty Ltd T/As SS Irrigation (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 court involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Nissrine Pty Ltd trading as SS Irrigation, concerning the approval of the Union Collective Agreement 2018. The CFMEU sought approval of the agreement under the Fair Work Act 2009, specifically section 234, which allows for the registration of a union collective agreement. The dispute centred on whether the agreement met the statutory criteria for approval, including whether it complied with the provisions of the Fair Work Act and the Fair Work Regulations 2009.

The legal issues the court needed to address included whether the agreement was genuinely a collective agreement, if it was made in good faith and not under duress, and whether it included all necessary provisions as required by the Fair Work Act. The court also needed to ensure that the agreement did not contravene any provisions of the Act or Regulations and that it was not contrary to public policy. Additionally, the court examined whether the agreement provided adequate protections for employees and if it was consistent with the principles of the national workplace relations system.

In its decision, the court thoroughly examined the agreement, considering submissions from both parties. The court found that the agreement met all statutory requirements and was a genuine collective agreement made in good faith. It determined that the agreement contained all necessary provisions, did not contravene any legal requirements, and was not contrary to public policy. The court also found that the agreement provided adequate protections for employees and was consistent with the principles of the national workplace relations system. Consequently, the court approved the application for registration of the Union Collective Agreement 2018.

As a result of the court's decision, the Union Collective Agreement 2018 was approved and registered under the Fair Work Act 2009. The agreement is now legally binding between the CFMEU and Nissrine Pty Ltd trading as SS Irrigation, providing a framework for employment conditions and rights for the employees covered by 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