DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1851)

KNOLL LABOUR 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 Knoll Labour Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Knoll Labour 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 Construction, Forestry, Maritime, Mining and Energy Union lodged an application for approval of the Knoll Labour Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 with the Fair Work Commission. Knoll Labour Pty Ltd, a contractor engaged by Queens Wharf 2 Pty Ltd, applied to the Commission for an order that the agreement be approved under section 233 of the Fair Work Act 2009. The agreement related to 100 employees working on the Queens Wharf Project in Brisbane, and both the applicant and the Union were parties to the agreement. The Union submitted that the agreement should be approved as it met the requirements of the Fair Work Act, while Knoll Labour Pty Ltd sought approval under section 233 of the Act.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including the provisions concerning the agreement's coverage, the parties involved, and whether it was made in good faith and without coercion. The Commission had to determine if the agreement was appropriately negotiated and whether it complied with the relevant provisions of the Fair Work Act. The Commission also had to consider whether the agreement was in the best interests of the employees and if it provided a fair and reasonable outcome for both parties.

In determining the application, the Commission examined the evidence and submissions from both parties. The Commission found that the agreement was appropriately negotiated and met the requirements of the Fair Work Act. The agreement covered the correct parties and was made in good faith and without coercion. The Commission also found that the agreement provided a fair and reasonable outcome for both parties and was in the best interests of the employees. Accordingly, the Commission approved the agreement under section 233 of the Fair Work Act.

The Commission made an order approving the Knoll Labour Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The order was to be registered by the Registrar of the Federal Court of Australia and would have effect as a registered instrument under the Fair Work Act. The approval of the agreement would provide certainty and stability for the employees and employers involved in 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