DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2325)

TARINGA STEEL 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 Taringa Steel Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

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

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CaseChat Overview and Summary

The parties in this case were the Construction, Forestry, Maritime, Mining and Energy Union and Taringa Steel Pty Ltd. The dispute centred around the approval of a collective agreement between the two parties, specifically the Taringa Steel Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The matter was heard by the Fair Work Commission.

The primary legal issue the court needed to address was whether the terms and conditions outlined in the collective agreement were consistent with the relevant federal industrial legislation. This included examining whether the agreement met the requirements for fair and equitable terms, as well as assessing its alignment with broader industrial objectives and standards. The court also needed to consider any potential impact on employees and the broader workforce.

The Fair Work Commission found that the collective agreement was consistent with the federal industrial laws. The court was satisfied that the agreement provided fair and equitable terms for the employees, and it met the necessary standards set by the legislation. Additionally, the agreement was deemed to be in line with broader industrial objectives, and it did not negatively impact the employees or the workforce. Based on these findings, the court approved the collective agreement. The decision provided clarity and certainty for both the union and the employer, ensuring that the agreement could be implemented without legal challenges.

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