DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2006)

1300LOCATE PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

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

Application for approval of the 1300Locate Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the 1300Locate 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 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 matter before the Fair Work Commission involved an application for the approval of the 1300Locate Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The parties to the agreement were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and 1300Locate Pty Ltd, a company engaged in the construction of the Queens Wharf project in Brisbane. The primary dispute centred around whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009. The Fair Work Commission, in this instance exercising its powers under section 232 of the Act, was tasked with determining the application.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, whether it complied with the procedural requirements for certification, and if it aligned with the principles of the National Workplace Relations System. The Commission had to assess the fairness of the terms proposed, the adequacy of the consultation process, and whether the agreement met the statutory criteria for approval. Additionally, the Commission examined if there were any provisions in the agreement that contravened the public interest or other legislative mandates.

In reaching its decision, the Commission considered the submissions from both parties and the broader context of workplace relations in the construction industry. The Commission found that the agreement was fair and reasonable, having been negotiated in good faith and providing for adequate terms and conditions. The procedural requirements were also met, with sufficient consultation evident in the process leading up to the agreement. The Commission concluded that the agreement was consistent with the principles of the National Workplace Relations System and did not contravene any legislative provisions. Therefore, the application for approval was granted.

The final orders of the Commission were that the 1300Locate Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 be approved, effective from the date of the decision. This approval meant that the agreement could be registered and enforced as a binding instrument between the parties. The Commission's decision underscored the importance of fair and reasonable workplace agreements that comply with statutory requirements and promote harmonious industrial relations.

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