DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1842)

TALBRACE SERVICES PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2019

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

[1] An application has been made for approval of a greenfields agreement known as the Talbrace Services 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 3 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 case involved the Construction, Forestry, Maritime, Mining and Energy Union, which sought approval of the Talbrace Services Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The dispute arose under the Fair Work Act 2009, with the application being heard by the Fair Work Commission. The core issue before the Commission was whether the agreement met the statutory requirements for approval and whether it complied with the provisions of the Act that seek to ensure fair and effective workplace practices.

The Commission considered several legal issues, including whether the agreement was genuinely negotiated between the parties, whether it contained all the necessary terms, and whether it complied with the 'better off overall test'. This test requires that the agreement provides employees with at least the same terms and conditions as those they would have under the applicable award or national employment standards. The Commission also assessed whether the agreement contained provisions that were contrary to public policy or that undermined the protection of employees' rights.

In its reasoning, the Commission found that the agreement had been genuinely negotiated and contained all the necessary terms. It also determined that the agreement satisfied the better off overall test, as employees would be at least as well off under the agreement as they would be under the relevant award or national standards. The Commission noted that the agreement contained provisions that were in line with the objectives of the Act, including those that aimed to promote higher wages and better working conditions. The Commission approved the agreement, finding that it met all the statutory requirements and did not contain any provisions that were contrary to public policy.

The final orders of the Commission included the approval of the Talbrace Services Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, effective from the date of the decision. The Commission's approval ensured that the agreement could be implemented and enforced, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

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