DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/869)

HQPROJEX PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 APRIL 2019

Application for approval of the Hqprojex Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Hqprojex Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

• Clause 15 - Casual Employment.

However, noting clause 2 of the undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2019. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter under consideration involved an application for the approval of a collective agreement between Hqprojex Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was brought before the Fair Work Commission, which is tasked with overseeing the approval and enforcement of such agreements in Australia. The primary dispute centred around whether the proposed collective agreement met the legal criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the statutory requirements for approval.

The legal issues before the Commission included whether the terms of the collective agreement were fair and reasonable, whether the agreement included appropriate dispute resolution mechanisms, and if the agreement had been made in good faith and without coercion. Additionally, the Commission considered whether the agreement met the requirements of section 234 of the Fair Work Act, which mandates that certain terms and conditions must be set out in writing and include provisions for resolution of disputes. The Commission also examined if the agreement was consistent with the broader objectives of the Fair Work Act, including the promotion of productive and harmonious workplace relations.

In its decision, the Commission found that the proposed collective agreement was fair and reasonable, taking into account the terms and conditions it provided for the employees of Hqprojex Pty Ltd. The Commission determined that the agreement included appropriate mechanisms for the resolution of disputes and that it had been made in good faith and without coercion. The Commission further concluded that the agreement complied with the statutory requirements for approval, including the necessity for written terms and conditions and the inclusion of dispute resolution provisions. Consequently, the Fair Work Commission approved the application for the collective agreement, recognising its compliance with the relevant legal standards.

The Fair Work Commission ordered that the Hqprojex Pty Ltd and CFMEU Union Collective Agreement 2018-2019 be approved, effective from the date specified in the application. This approval ensures that the agreement is legally binding on the parties involved and that it provides a framework for fair and reasonable terms and conditions of employment. The decision underscores the Commission's role in facilitating fair workplace practices through the endorsement of collective agreements that meet the statutory criteria and promote productive workplace relations.

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