DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/979)

BRISCUT PTY LTD T/AS CUT AND CORE QLD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 12 APRIL 2019

Application for approval of the Briscut Pty Ltd T/As Cut and Core QLD (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Briscut Pty Ltd T/As Cut and Core QLD (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 matter before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union's application for approval of the Briscut Pty Ltd T/As Cut and Core QLD (Queens Wharf Project) Union Collective Agreement 2018. The applicant union sought to have the agreement, which had been negotiated with the employer, registered under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment within the construction industry, specifically related to the project undertaken by the employer at the Queens Wharf site.

The primary legal issues addressed by the Commission were whether the agreement met the statutory requirements for approval, including whether it was genuinely negotiated, free from any improper conduct, and whether it provided for appropriate mechanisms for resolving disputes. Additionally, the Commission examined if the agreement's terms and conditions were fair and reasonable, taking into account the nature of the work and the interests of both employees and employers.

The Fair Work Commission found that the agreement had been genuinely negotiated without any improper conduct and contained appropriate dispute resolution mechanisms. The Commission concluded that the terms and conditions of the agreement were fair and reasonable, considering the specific circumstances of the project and the industry standards. Consequently, the application for approval was granted, and the agreement was registered under the Fair Work Act.

The Commission's decision resulted in the registration of the Briscut Pty Ltd T/As Cut and Core QLD (Queens Wharf Project) Union Collective Agreement 2018, ensuring that the terms and conditions of employment for the workers involved in the project were legally binding and protected under the Fair Work Act.

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