DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/838)

NATIONWIDE CONCRETE PUMPING (QLD) PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 APRIL 2019

Application for approval of the Nationwide Concrete Pumping (QLD) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Nationwide Concrete Pumping (QLD) 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 and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of a union collective agreement with Nationwide Concrete Pumping (Qld) Pty Ltd (Nationwide) for employees engaged on the Queen Wharf Project. The CFMEU submitted that the agreement was appropriate for registration due to the complex and high-risk nature of the work involved in the project, and the benefits it provided to the employees in terms of wages, conditions and job security. Nationwide opposed the application, arguing that the agreement contained provisions that were inconsistent with the relevant industrial instruments and awards, and that it would result in over-award payments to the employees. The dispute came before the Commission for hearing.

The legal issues before the Commission were whether the agreement was appropriate for registration, and whether it contained any provisions that were inconsistent with the relevant industrial instruments and awards. The Commission had to consider the nature and extent of the work involved in the project, the bargaining power of the parties, the terms and conditions of employment, and the impact of the agreement on the employees and the employer. The Commission also had to determine whether the agreement was in the best interests of the employees and the employer, and whether it promoted harmonious, productive and cooperative workplace relations.

After considering the evidence and submissions from both parties, the Commission found that the agreement was appropriate for registration. The Commission accepted the CFMEU's argument that the work involved in the Queen Wharf Project was complex and high-risk, and that the agreement provided appropriate safeguards and protections for the employees. The Commission also found that the agreement did not contain any provisions that were inconsistent with the relevant industrial instruments and awards, and that it promoted harmonious, productive and cooperative workplace relations. The Commission registered the agreement with some minor modifications to ensure compliance with the relevant industrial instruments and awards. The Commission also made an order that the agreement would be inoperative if Nationwide ceased to be the employer of any of the employees covered by the 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