DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/973)

BSF MOBILE CRANES PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 12 APRIL 2019

Application for approval of the BSF Mobile Cranes Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the BSF Mobile Cranes 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 19 April 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for the approval of the BSF Mobile Cranes Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The applicant, CFMEU, is a registered union under the Fair Work Act 2009 (Cth), while the respondent, BSF Mobile Cranes Pty Ltd, is an employer engaged in the operation of mobile cranes at the Queens Wharf Project in Brisbane. The agreement in question is a workplace agreement intended to govern the terms and conditions of employment for workers under the respondent's business. The CFMEU argued that the agreement was made in good faith, free from any duress or coercion, and was in the best interests of the employees.

The central legal issue before the FWC was whether the agreement met the statutory criteria for approval under section 235 of the Fair Work Act 2009 (Cth). This involved assessing whether the agreement was made in good faith, whether it was free from any improper conduct, and if it was in the best interests of the employees. The FWC had to determine if the agreement provided adequate protections for the employees and if it complied with all relevant provisions of the Act.

The FWC found that the agreement was made in good faith and was free from any improper conduct. The Commission concluded that the agreement was in the best interests of the employees, as it provided them with fair and reasonable terms of employment. The FWC took into account the evidence presented by both parties, including the nature of the work, the conditions under which the employees were engaged, and the protections afforded to them under the agreement. The FWC also noted the importance of ensuring that the employees were not disadvantaged by the terms of the agreement.

In light of the findings, the FWC approved the BSF Mobile Cranes Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, effective from 1 January 2018. The Commission emphasised the need for ongoing compliance with the Fair Work Act 2009 (Cth) and its regulations, ensuring that both parties adhere to the terms of the approved 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