DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/989)

CHURINGA INVESTMENTS PTY LTD T/AS L & D CONTRACTING (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

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

Application for approval of the Churinga Investments Pty Ltd T/As L & D Contracting (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Churinga Investments Pty Ltd T/As L & D Contracting (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 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 matter involved the Construction, Forestry, Maritime, Mining and Energy Union, who applied for approval of the Churinga Investments Pty Ltd T/As L & D Contracting (Queens Wharf Project) Union Collective Agreement 2018. The dispute arose in the Fair Work Commission, which was tasked with determining whether the collective agreement met the necessary standards and requirements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, particularly regarding the provisions for minimum wages and conditions, and whether it appropriately balanced the interests of both the employer and the employees. The Commission also considered whether the agreement contained appropriate mechanisms for resolving disputes between the parties.

The Commission examined the agreement in detail, considering the specific terms and conditions it contained, the context in which it was negotiated, and the parties' respective positions. It found that the agreement met the necessary standards and requirements under the Fair Work Act, as it provided for appropriate minimum wages and conditions for the employees involved. The Commission also determined that the agreement appropriately balanced the interests of both the employer and the employees, and contained adequate mechanisms for resolving any disputes that may arise.

As a result, the Fair Work Commission approved the Churinga Investments Pty Ltd T/As L & D Contracting (Queens Wharf Project) Union Collective Agreement 2018, subject to certain conditions. These conditions included ongoing monitoring and reporting requirements to ensure compliance with the agreement, and the establishment of a joint committee to oversee its implementation. The Commission also ordered that any disputes arising under the agreement be referred to it for resolution.

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