DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1569)

JULVIEW PTY LTD & PRIEST GROUP BRICKLAYING PTY LTD T/AS PRIEST & CO BRICKLAYERS (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 MAY 2019

Application for approval of the Julview Pty Ltd & Priest Group Bricklaying Pty Ltd T/As Priest & Co Bricklayers (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Julview Pty Ltd & Priest Group Bricklaying Pty Ltd T/As Priest & Co Bricklayers (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 and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 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 sought approval for a union collective agreement from the Fair Work Commission (FWC). The agreement related to the employment of workers at the Queen's Wharf Project in Brisbane, involving the companies Julview Pty Ltd and Priest Group Bricklaying Pty Ltd trading as Priest & Co Bricklayers. The primary dispute was whether the agreement complied with the Fair Work Act 2009, specifically in relation to its provisions on employee entitlements and work conditions.

The FWC examined several legal issues, including whether the agreement adequately covered all employees within its scope, whether the provisions complied with the relevant award, and if the agreement provided for proper employee representation. The union argued that the agreement was necessary to ensure fair treatment and better working conditions for the employees, while the employers contested that some provisions were overly restrictive and could adversely affect productivity and business operations.

The FWC found that while the agreement was generally well-structured, certain provisions did not align with the Fair Work Act and the relevant award. The FWC noted that the agreement contained some clauses that were not in line with the applicable industrial award, which required correction to ensure compliance. After negotiating adjustments with the parties, the FWC concluded that the amended agreement sufficiently met the legislative requirements and approved it, allowing its implementation.

The FWC ordered that the approved union collective agreement, as amended, be registered and enforceable from the date of the decision. This decision ensures that the terms and conditions of employment for the workers at the Queen's Wharf Project are governed by a legally compliant agreement that balances the interests of both the union and the employers.

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