DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1243)

QUEENSLAND PRE-STRESSING PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 MAY 2019

Application for approval of the Queensland Pre-Stressing Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Pre-Stressing Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 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 matter before the Fair Work Commission involved an application for the approval of a Union Collective Agreement (UCA) concerning the Queensland Pre-Stressing Pty Ltd (Queens Wharf Project). The parties involved were the Construction, Forestry, Maritime, Mining and Energy Union and Queensland Pre-Stressing Pty Ltd. The Commission was required to determine whether the UCA met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the UCA was consistent with the provisions of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission needed to assess whether the UCA contained any provisions that were not in the best interests of the employees or that did not comply with the relevant legislative framework. Additionally, the Commission had to consider whether the agreement provided for a fair and effective system for the resolution of disputes between the employer and employees.

The Commission determined that the UCA did not contain any provisions that were not in the best interests of the employees and was consistent with the relevant legislative framework. The Commission found that the agreement provided for a fair and effective system for the resolution of disputes, including the establishment of a dispute resolution committee and the provision of a right of appeal to the Fair Work Commission. The Commission was satisfied that the UCA met the criteria for approval under the Fair Work Act.

Accordingly, the Commission approved the UCA. The Union Collective Agreement 2018 was approved and registered by the Fair Work Commission on the basis that it complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations and was in the best interests of the employees. The agreement provides for a fair and effective system for the resolution of disputes between the employer and employees.

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