| [2022] FWCA 3528 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/4136)
SRG GLOBAL BUILDING (NORTHERN) PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018
| Building, metal and civil construction industries | |
| COMMISSIONER JOHNS | melbourne, 12 OCTOBER 2022 |
Application for approval of the SRG Global Building (Northern) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018
An application has been made for approval of a greenfields agreement known as the SRG Global Building (Northern) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union and the Australian Manufacturing Workers’ Union 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.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and the Australian Manufacturing Workers’ Union and that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 19 October 2022. The nominal expiry date of the Agreement is 1 November 2022.
COMMISSIONER
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2022] FWCA 3528
- Case
- [2022] FWCA 3528
- Decision Date
CaseChat Overview and Summary
The Commission needed to determine whether the agreement was consistent with the Fair Work Act 2009 and other relevant legislation. The primary issues included whether the agreement provided adequate protection for employees' rights, whether it met the requirements for enterprise agreements, and whether it was negotiated in good faith. The Commission also considered the implications of the agreement on the broader industrial relations framework.
After examining the agreement and the submissions from both parties, the Commission found that the agreement was fair and reasonable and complied with the relevant provisions of the Fair Work Act. The agreement provided adequate protections for employees and was negotiated in good faith. The Commission approved the agreement, finding that it met all the necessary criteria for approval under the Act. The decision underscored the importance of fair and reasonable terms in enterprise agreements and the role of the Commission in ensuring compliance with industrial relations laws.
The final order of the Commission was that the SRG Global Building (Northern) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 be approved. This decision provided clarity and certainty for both the CFMEU and SRG Global Building (Northern) Pty Ltd regarding the terms of employment for the employees involved in the Queens Wharf project.
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