DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/983)

THE TRUSTEE FOR VEALE FAMILY VOCATIONAL TRUST T/AS VEALSTRUCT 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 Trustee for Veale Family Vocational Trust T/As Vealstruct Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as The Trustee for Veale Family Vocational Trust T/As Vealstruct 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 sought approval of a collective agreement concerning the Queens Wharf Project. The respondent, The Trustee for Veale Family Vocational Trust trading as Vealstruct Pty Ltd, opposed the application. The dispute was heard by the Fair Work Commission. The central legal issue was whether the collective agreement, which provided for the registration of the union as the exclusive bargaining agent, complied with the relevant provisions of the Fair Work Act 2009. The dispute centred on the interpretation and application of sections 174 and 177 of the Act, particularly concerning the circumstances in which an application for approval of a union agreement could be made and the criteria for approval.

The Commission examined whether the agreement met the statutory criteria for approval, including whether it was in the best interests of the employees. The Commission considered the nature of the project, the role of the union, and the potential benefits to employees. The Commission concluded that the agreement was consistent with the legislative framework and would likely benefit the employees by ensuring fair and effective representation. The Commission found that the agreement met the necessary criteria for approval under the Fair Work Act.

Accordingly, the Commission approved the application for the collective agreement. The decision underscores the importance of ensuring that collective agreements align with legislative requirements and promote the best interests of employees. The Fair Work Commission's approval of the agreement signifies its view that the union's registration as the exclusive bargaining agent would serve the interests of the employees involved in the Queens Wharf Project.

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