Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3388)

Waterworx Contracting Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 AUGUST 2022

Application for approval of the Waterworx Contracting Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

An application has been made for approval of a greenfields agreement known as the Waterworx Contracting Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

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 the 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.

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 that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2022. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the Waterworx Contracting Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The application was made under the Fair Work Act 2009, and the matter was heard by the Fair Work Commission. The primary dispute was over the interpretation and application of certain provisions within the collective agreement and whether these provisions complied with the relevant statutory requirements.

The key legal issues before the Commission were whether the collective agreement contained appropriate mechanisms for resolving workplace disputes and whether the provisions regarding employee entitlements, conditions of employment, and dispute resolution were in line with the objectives of the Fair Work Act. The CFMEU argued that the agreement adequately addressed these areas, while the employer contested specific provisions, asserting that they were overly restrictive and did not comply with statutory obligations.

The Fair Work Commission carefully reviewed the provisions of the collective agreement, considering statutory requirements and the principles of good faith bargaining. The Commission found that while the majority of the agreement was consistent with the legislative framework, certain clauses regarding dispute resolution mechanisms and employee entitlements needed amendments. The Commission directed the parties to negotiate and revise these clauses to ensure they were compliant with the Act. The outcome was a revised collective agreement that met the statutory requirements, ensuring fair and effective workplace practices while preserving the intent of the original agreement.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established