DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1236)

MAINLAND CIVIL QUEENSLAND PTY LIMITED (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

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

Application for approval of the Mainland Civil Queensland Pty Limited (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Mainland Civil Queensland Pty Limited (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 involved an application by the Construction, Forestry, Maritime, Mining and Energy Union to approve the Mainland Civil Queensland Pty Limited (Queens Wharf Project) Union Collective Agreement 2018. The union sought the Fair Work Commission's approval for the agreement, which detailed the terms and conditions of employment for employees engaged in the construction of the Queen's Wharf Casino and Hotel project in Brisbane. The dispute arose as the agreement was to be applied to employees who were not union members, which necessitated the Commission's intervention under the Fair Work Act 2009.

The central legal issues before the Fair Work Commission were whether the agreement met the statutory criteria for approval under section 234 of the Act, and if the agreement's terms were fair and reasonable for non-union members. The Commission had to consider if the agreement provided appropriate safeguards for non-union members, ensured their fair treatment, and if it included provisions for non-union members to access the benefits and protections outlined in the agreement. Additionally, the Commission assessed if the agreement adhered to the good faith bargaining principles and if it was in the best interests of the employees.

The Fair Work Commission determined that the agreement did not adequately address the rights and protections for non-union members, as it primarily focused on union members' benefits. The Commission found that the agreement did not sufficiently ensure that non-union members were not disadvantaged and did not provide them with adequate access to the benefits and protections outlined in the agreement. Consequently, the application for approval was dismissed. The Commission emphasised the need for collective agreements to provide fair treatment for all employees, including non-union members, and to comply with the statutory requirements for approval.

The Fair Work Commission's final order was that the application for approval of the Mainland Civil Queensland Pty Limited (Queens Wharf Project) Union Collective Agreement 2018 be dismissed. The Commission directed that the agreement not be approved until it was amended to meet the statutory requirements and ensure fair treatment for all employees, including non-union members.

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