DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1051)

CENTREPOINT CONTRACTING PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 APRIL 2019

Application for approval of the Centrepoint Contracting Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Centrepoint Contracting 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 30 April 2019. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of a union collective agreement with Centrepoint Contracting Pty Ltd for the Queens Wharf Project. The agreement sought to govern the terms and conditions of employment for the workers involved in the project. The dispute centred on whether the agreement was consistent with the provisions of the Fair Work Act 2009 and whether it provided for appropriate protections and entitlements for the employees.

The Commission considered various aspects of the agreement, including its compliance with the relevant provisions of the Fair Work Act and its conformity with the principles of enterprise bargaining. The Commission examined the provisions of the agreement concerning wages, conditions, and dispute resolution mechanisms. It also considered whether the agreement provided for fair and reasonable terms that balanced the interests of both the employer and employees.

After careful consideration of the evidence and submissions presented by the parties, the Commission found that the agreement was generally consistent with the provisions of the Fair Work Act and provided for appropriate protections and entitlements for the employees. The Commission noted that while there were some areas for improvement, the overall agreement represented a fair and reasonable outcome for both parties. Accordingly, the Commission approved the union collective agreement with some modifications to address the identified areas for improvement.

The final orders included the approval of the union collective agreement with modifications to certain provisions to ensure compliance with the Fair Work Act and to provide for appropriate protections and entitlements for the employees. The modifications related to specific clauses concerning wages, conditions, and dispute resolution mechanisms. The Commission emphasised the importance of ongoing consultation and negotiation between the parties to address any future issues that may arise during the course of the agreement.

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