[2019] FWCA 1316

The attached document replaces the document previously issued with the above code on 28 February 2019.

The title of the Agreement on page 1 of the decision is changed to Beenleigh Steel Fabrications Pty Ltd (North Queensland Stadium Project) & Union Collective Agreement 2018.

Agreements Team on behalf of Deputy President Masson

Dated 1 March 2019

[2019] FWCA 1316

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7132)

BEENLEIGH STEEL FABRICATIONS PTY LTD (NORTH QUEENSLAND STADIUM PROJECT) & UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 FEBRUARY 2019

Application for approval of the Beenleigh Steel Fabrications Pty Ltd (North Queensland Stadium Project) & Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the Beenleigh Steel Fabrications Pty Ltd (North Queensland Stadium 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 is 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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of 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 that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2019. The nominal expiry date of the Agreement is 27 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Beenleigh Steel Fabrications Pty Ltd (BSFL) concerning the North Queensland Stadium Project. The union sought to have the agreement recognised as a protected action agreement under the Fair Work Act 2009 (Cth), which would allow industrial action to be taken in support of the agreement during its term. The Commission was tasked with determining whether the agreement met the statutory criteria for approval, including whether it would have a significant benefit for employees and did not include terms that would undermine public confidence in the industrial relations system.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under section 235 of the Fair Work Act. This involved examining the terms of the agreement to determine if they would provide significant benefits to employees, if the agreement was necessary to facilitate a productive workplace, and if it included any terms that would undermine public confidence. The Commission also considered the nature of the industrial action proposed, including whether it was reasonably likely to occur and if it was necessary to achieve the objectives of the agreement.

In its decision, the Commission found that the proposed agreement met the criteria for approval. The Commission concluded that the agreement would provide significant benefits to employees, including improved wages and conditions, and was necessary to facilitate a productive workplace. The Commission also found that the proposed industrial action was reasonably likely to occur and was necessary to achieve the objectives of the agreement. The Commission noted that the agreement included protections for non-union workers and did not include any terms that would undermine public confidence in the industrial relations system. The Commission therefore approved the agreement as a protected action agreement.

The final orders of the Commission included the approval of the Beenleigh Steel Fabrications Pty Ltd (North Queensland Stadium Project) & Union Collective Agreement 2018 as a protected action agreement under section 235 of the Fair Work Act. The agreement was approved for a period of three years, from 1 July 2018 to 30 June 2021. The Commission also made orders protecting the rights of non-union workers and ensuring that the agreement did not include any terms that would undermine public confidence in the industrial relations system. The Commission's decision provides guidance to employers and unions on the criteria for approving protected action agreements and the types of terms that are acceptable in such agreements.

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