Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1957)

UNITED PERSONNEL PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 JUNE 2022

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

An application has been made for approval of a greenfields agreement known as the United Personnel 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 5 July 2022. 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 the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and United Personnel Pty Ltd, concerning the approval of the United Personnel Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The dispute arose over the specific terms of the agreement, particularly in relation to the union's application for the agreement to be approved and made binding on all relevant employees. The CFMEU sought the Commission's approval of the agreement, which aimed to regulate employment conditions for workers involved in the Queens Wharf Project.

The legal issues before the Commission centred on whether the agreement complied with the requirements set forth in the Fair Work Act 2009, including whether the agreement was made in the course of genuine union representation and whether it met the criteria for being a protected action. Additionally, the Commission needed to determine if the agreement was in the best interests of the employees and if it adhered to the principles of fairness and reasonableness.

The Commission began by examining the process through which the agreement was developed, considering whether the union had genuinely represented the employees in the bargaining process. The Commission assessed the evidence presented and concluded that the union had acted in good faith and had genuinely represented the employees. The Commission then considered whether the agreement met the statutory requirements for approval, including whether it complied with the minimum terms and conditions set by the Fair Work Act. The Commission found that the agreement was fair and reasonable and did not contravene any relevant provisions of the Act. After a thorough examination of the agreement, the Commission approved the United Personnel Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, making it binding on all relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established