DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/839)

WADSWORTH CONTRACTING 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 Wadsworth Contracting Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Wadsworth Contracting 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 these 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

The present matter involved the Construction, Forestry, Maritime, Mining and Energy Union, acting as an applicant, and various respondents, including the company Wadsworth Contracting Pty Ltd. The dispute centred around the approval of the Wadsworth Contracting Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The case was heard in the Fair Work Commission of Australia, a body with jurisdiction to regulate industrial relations matters and resolve disputes between employers and employees.

The primary legal issues the court had to address were whether the collective agreement in question complied with the relevant provisions of the Fair Work Act 2009, and whether it met the standards of good faith bargaining as stipulated by the Fair Work (Registered Organisations) Act 2009. This involved examining the terms and conditions of the agreement, the process by which it was negotiated, and whether it provided fair and equitable terms for the employees represented by the union.

In delivering its decision, the Fair Work Commission found that the Wadsworth Contracting Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 did indeed comply with the necessary legislative requirements and was the product of good faith bargaining. The Commission highlighted the comprehensive nature of the agreement, which covered a wide range of employment conditions, including wages, hours of work, and other benefits. The Commission also took into account the negotiation process, which demonstrated a willingness by both parties to reach an agreement that was fair and reasonable. As a result, the Commission approved the collective agreement in question.

In light of the Commission's findings, the Wadsworth Contracting Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 was approved and is now in effect. This decision sets an important precedent for future industrial relations matters in Australia, demonstrating the importance of good faith bargaining and the need for comprehensive collective agreements that meet the standards set by the Fair Work Act 2009.

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