DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/573)

NYANDA CIVIL 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 Nyanda Civil Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Nyanda Civil 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 Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement entered into with Nyanda Civil Pty Ltd, relating to the Queens Wharf Project in Melbourne. The Fair Work Commission, in the form of the Full Bench, was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009. The central issue before the Court was whether the Union had genuinely negotiated the collective agreement with Nyanda Civil Pty Ltd, as required by the Act. The Court examined the process of negotiation and the substance of the agreement, considering if the Union had acted in good faith and whether the agreement provided for fair terms and conditions of employment.

The Court's analysis focused on the procedural fairness of the negotiation process and the substantive fairness of the terms contained within the agreement. The Court found that the Union had indeed engaged in genuine negotiations with Nyanda Civil Pty Ltd, as evidenced by the documentation and testimonies presented. The Court also determined that the terms of the agreement were fair and met the requirements of the Act. The Court emphasised the importance of ensuring that employees' rights and interests were adequately represented and protected in the agreement.

As a result, the Court approved the Union Collective Agreement 2018 between the Construction, Forestry, Maritime, Mining and Energy Union and Nyanda Civil Pty Ltd, effective from the date of the decision. The Court's decision recognised the importance of collective bargaining in ensuring fair and equitable terms and conditions for employees. The approval of the agreement marked a significant step forward in the Queens Wharf Project, providing a framework for the fair treatment of workers involved in the construction process.

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