DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/571)

BOTHAR BORING AND TUNNELLING (AUSTRALIA) PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 MARCH 2019

Application for approval of the Bothar Boring and Tunnelling (Australia) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Bothar Boring and Tunnelling (Australia) 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 2 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 concerned an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to approve the Bothar Boring and Tunnelling (Australia) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The primary dispute centred on whether the agreement met the requirements under the Fair Work Act 2009 to be considered a valid and compliant collective agreement.

The court had to determine if the collective agreement fulfilled the legal criteria, including whether it contained all the mandatory terms and conditions as required by the Act, and if it was negotiated in good faith. Another issue was whether the agreement was consistent with the principles of enterprise bargaining as established by the Fair Work Commission. Furthermore, the court examined whether the agreement appropriately addressed the interests of the employees and the employer, ensuring a fair and reasonable balance.

The Fair Work Commission found that the agreement was generally in compliance with the statutory requirements and principles of good faith bargaining. The court held that the mandatory terms were included and that the negotiation process appeared to be conducted appropriately. The agreement was deemed to be fair and balanced, considering the interests of both parties. Consequently, the Commission approved the Bothar Boring and Tunnelling (Australia) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

No further orders were made by the Commission beyond the approval of 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