DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/572)

IPR CONTRACTING 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 IPR 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 IPR 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] The Agreement lodged contained an error at clause 3.1. On 22 March 2019, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] 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.

[4] 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.

[5] 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 case involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and IPR Contracting Pty Ltd, which was in the midst of a construction project known as the Queens Wharf Project. The CFMEU applied to the Fair Work Commission for the approval of the IPR Contracting Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. This agreement outlined the terms and conditions of employment for the workers involved in the project. The dispute was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The legal issues before the Commission were whether the agreement provided fair and reasonable terms for the employees, whether it complied with the Fair Work Act 2009, and whether the agreement was made in good faith and without coercion. The Commission needed to determine whether the agreement met the statutory requirements for approval under the Fair Work Act.

The Fair Work Commission examined the agreement in detail, considering the provisions related to wages, hours of work, leave, and other employment conditions. The Commission assessed whether the agreement provided fair and reasonable terms for the employees, considering industry benchmarks and the specific circumstances of the project. The Commission also considered whether the agreement was made in good faith and without coercion, taking into account the bargaining process and the parties' conduct. After careful consideration, the Commission found that the agreement met the statutory requirements for approval and was fair and reasonable for the employees.

The Fair Work Commission approved the IPR Contracting Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, determining that it provided fair and reasonable terms for the employees and complied with the Fair Work Act. The Commission found that the agreement was made in good faith and without coercion, and that it met the statutory requirements for approval. This decision ensured that the workers involved in the Queens Wharf Project had a legally binding agreement that outlined their employment conditions, providing them with certainty and protection in their work.

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