DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/580)

GHR CONSOLIDATED 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 GHR Consolidated Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the GHR Consolidated 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 matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union to approve a union collective agreement. The agreement was in relation to the construction of the Queens Wharf Project in Brisbane, Queensland, by GHR Consolidated Pty Ltd. The application was brought under the Fair Work Act 2009, and the Commission was required to consider whether the agreement met the criteria for approval, including whether it provided for a fair and efficient workplace and whether it complied with the provisions of the Act.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act, specifically section 233, which sets out the criteria for the approval of union collective agreements. The Commission had to determine whether the agreement provided for a fair and efficient workplace, taking into account factors such as the rights and obligations of employers and employees, the balance of power between the parties, and the promotion of industrial peace and productivity.

In delivering its decision, the Commission found that the agreement met the criteria for approval. The Commission noted that the agreement provided for a fair and efficient workplace, as it balanced the rights and obligations of employers and employees, and promoted industrial peace and productivity. The Commission also found that the agreement complied with the provisions of the Fair Work Act, including the requirement for the agreement to be in writing and to be certified by an independent certifier. The Commission approved the agreement, subject to certain conditions, including the requirement for the parties to provide regular reports to the Commission on the operation of the agreement.

The Commission's decision provides useful guidance for employers and employees in the construction industry, as well as for unions, on the requirements for the approval of union collective agreements under the Fair Work Act. The decision highlights the importance of ensuring that agreements are fair and efficient, and that they comply with the provisions of the Act. The Commission's approval of the agreement in this case, subject to certain conditions, demonstrates its willingness to support the promotion of industrial peace and productivity in the workplace.

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