DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1834)

SPECIALISED CONCRETE PUMPING 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 Specialised Concrete Pumping Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Specialised Concrete Pumping 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 Construction, Forestry, Maritime, Mining and Energy Union brought an application for the approval of a Union Collective Agreement with Specialised Concrete Pumping Pty Ltd in respect of the Queens Wharf Project. The application was heard by the Fair Work Commission, which has jurisdiction under the Fair Work Act 2009 to approve such agreements. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, including issues related to wages, hours of work, and other employment-related matters.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. The Commission had to consider whether the agreement was in the best interests of the employees and whether it complied with the provisions of the Act, including those related to minimum standards of employment. The Commission also had to determine if the agreement was made in good faith and without coercion.

After considering the evidence and submissions from both parties, the Commission found that the proposed agreement met the statutory requirements for approval. The Commission determined that the agreement was in the best interests of the employees and complied with the provisions of the Act. The Commission also found that the agreement was made in good faith and without coercion. The Commission approved the agreement, and it is now legally binding on both parties.

The Fair Work Commission approved the proposed Union Collective Agreement between the Construction, Forestry, Maritime, Mining and Energy Union and Specialised Concrete Pumping Pty Ltd for the Queens Wharf Project. The Commission found that the agreement met the statutory requirements for approval under the Fair Work Act, was in the best interests of the employees, and complied with the provisions of the Act. The agreement is now legally binding on both parties.

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