DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1331)

LINDORES PERSONNEL NO.1 PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 MAY 2019

Application for approval of the Lindores Personnel No.1 Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Lindores Personnel No.1 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 10 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 the Lindores Personnel No.1 Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) as the applicant. The dispute centred on the terms and conditions of employment for workers at the Queens Wharf Project, with the primary issue being whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues that the Fair Work Commission had to resolve included whether the agreement met the requirements for being a valid and compliant enterprise agreement under the Act. Specifically, the Commission had to consider if the agreement had been negotiated in good faith, whether it provided for the protection of employee entitlements and minimum conditions, and if it adhered to the process for approval as outlined in the legislation. The CFMEU argued that the agreement was fair and reasonable, while the respondents raised concerns about certain provisions, particularly those related to redundancy and the classification of employees.

In its decision, the Fair Work Commission found that the proposed agreement generally met the statutory requirements for approval. The Commission noted that while some provisions raised concerns, they were not so significant as to render the entire agreement invalid. The Commission emphasised the importance of the negotiation process and the need for the agreement to provide for fair and reasonable terms. After considering the submissions and evidence from both parties, the Commission concluded that the agreement was appropriate for approval, taking into account the broader context of the project and the interests of all stakeholders involved.

The Fair Work Commission approved the Lindores Personnel No.1 Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, subject to certain conditions and modifications to address specific concerns raised during the proceedings. The Commission's decision highlighted the importance of ensuring that enterprise agreements are negotiated in good faith and provide for fair and reasonable terms, while also acknowledging the need for flexibility in complex industrial contexts.

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