DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1560)

HEINRICH CONSTRUCTIONS PTY. LTD. (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 MAY 2019

Application for approval of the Heinrich Constructions Pty. Ltd. (Queens Wharf project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Heinrich Constructions 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 24 May 2019. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union for the approval of the Heinrich Constructions Pty. Ltd. (Queens Wharf project) Union Collective Agreement 2018. The dispute centred around the terms and conditions of employment for workers involved in the Queens Wharf project, and the role of the union in representing these workers.

The primary legal issues that the Commission had to address included whether the agreement complied with the Fair Work Act 2009, specifically regarding the coverage of employees, the union's right to represent these employees, and the fairness and reasonableness of the agreement's provisions. The Commission also needed to consider whether the agreement met the statutory requirements for approval, including whether it provided for minimum entitlements, and whether it was made in good faith and without coercion.

In reaching its decision, the Commission examined the specific provisions of the agreement, the evidence provided by the parties, and the relevant legal framework. It determined that the agreement was compliant with the statutory requirements, including that it covered a sufficient number of employees, provided for minimum entitlements, and was made in good faith. The Commission also found that the union had the right to represent the employees under the agreement, and that the agreement's provisions were fair and reasonable. As such, the Commission approved the agreement.

The final orders of the Commission included the approval of the Heinrich Constructions Pty. Ltd. (Queens Wharf project) Union Collective Agreement 2018, subject to certain conditions and modifications. The Commission also directed the parties to take certain steps to ensure compliance with the agreement and the Fair Work Act 2009.

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