DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2005)

CUTRITE COMMERCIAL PTY LTD T/AS CUTRITE CONCRETE CUTTING & CORE DRILLING (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 JULY 2019

Application for approval of the Cutrite Commercial Pty Ltd T/As Cutrite Concrete Cutting & Core Drilling (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Cutrite Commercial Pty Ltd T/As Cutrite Concrete Cutting & Core Drilling (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 the 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 12 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 this case were the Construction, Forestry, Maritime, Mining and Energy Union and Cutrite Commercial Pty Ltd T/As Cutrite Concrete Cutting & Core Drilling. The dispute centred around the approval of a Union Collective Agreement for the Queens Wharf Project. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards and if it should be approved.

The legal issues before the court involved assessing whether the agreement complied with the provisions of the Fair Work Act 2009. This included examining whether the agreement was made in good faith and if it provided for the efficient determination of workplace issues. Additionally, the court needed to ensure that the agreement did not undermine the ability of employees to protect their interests through their union.

The court examined the evidence presented by both parties and considered the requirements of the Fair Work Act. It found that the agreement was made in good faith and did not contain any terms that were contrary to the public interest or that undermined the employees' ability to be represented by their union. The court was satisfied that the agreement provided for the efficient determination of workplace issues and did not disadvantage the employees. Consequently, the court approved the Union Collective Agreement for the Queens Wharf Project.

The court's decision was based on a thorough analysis of the evidence and the legal framework governing the approval of Union Collective Agreements. The court's approval of the agreement signifies its compliance with the relevant legislation and its suitability for the specific circumstances of the Queens Wharf 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