DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2328)

KPI SERVICES (QLD) 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 KPI Services (QLD) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the KPI Services (QLD) 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] 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.

[4] 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.

[5] 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

In the matter of an application for approval of the KPI Services (QLD) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval from the Fair Work Commission (FWC). The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly concerning the terms and conditions governing employment at the Queens Wharf Project in Brisbane. The CFMEU argued that the agreement was necessary to protect the rights and interests of its members working on the project.

The legal issues before the FWC included whether the agreement provided for the proper regulation of working conditions, whether it adhered to the principles of enterprise bargaining, and whether it met the requirements for approval under section 232 of the Fair Work Act. The CFMEU had to demonstrate that the agreement was made in good faith and provided for the protection of workers' rights and interests. Additionally, the FWC considered whether the agreement was necessary to prevent, mitigate or resolve an industrial dispute or to prevent an industrial dispute from arising.

In its decision, the FWC found that the CFMEU had demonstrated that the agreement was necessary to prevent an industrial dispute from arising and to protect the rights and interests of its members. The commission considered the evidence provided by the CFMEU and concluded that the agreement was made in good faith and provided for the proper regulation of working conditions. The FWC also noted that the agreement adhered to the principles of enterprise bargaining and met the requirements for approval under the Fair Work Act. Consequently, the FWC approved the KPI Services (QLD) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, confirming its compliance with the relevant legislative framework.

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