DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1234)

C.B.D LANDSCAPE CONSTRUCTION PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 APRIL 2019

Application for approval of the C.B.D Landscape Construction Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the C.B.D Landscape Construction 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 7 May 2019. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the C.B.D Landscape Construction Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The Construction, Forestry, Maritime, Mining and Energy Union sought the Commission's approval of this agreement, which was intended to govern the employment conditions of workers on the Queens Wharf Project. The dispute centred on the terms and conditions outlined in the proposed agreement and their alignment with the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement complied with the requirements of the Fair Work Act and whether it met the criteria for being a "modern award." Specifically, the Commission had to consider whether the agreement covered all necessary provisions, including minimum wages and conditions, and whether it adhered to the principles of fairness and flexibility. The Commission also examined if the agreement appropriately balanced the interests of employers and employees.

The Fair Work Commission found that the proposed agreement did not fully comply with the Fair Work Act as it did not include a provision for the calculation of penalty rates for Sunday work. The Commission noted that this omission was significant as it impacted the fairness and adequacy of the agreement. Additionally, the Commission held that the agreement did not sufficiently address the need for flexibility in working arrangements, which is a key principle of modern awards. As a result, the Commission refused to approve the agreement.

The Commission's decision was communicated to the parties, and it instructed that the agreement could only be approved if the identified deficiencies were rectified. The Commission scheduled a follow-up hearing to review the amended agreement, ensuring that all legal requirements were met before granting final approval.

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