Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2018

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1863)

Commercial Sealing Systems Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 JUNE 2022

Application for approval of the Commercial Sealing Systems Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

An application has been made for approval of a greenfields agreement known as the Commercial Sealing Systems 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 29 June 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of a collective agreement between Commercial Sealing Systems Pty Ltd and the union. The agreement related to the Queens Wharf Project. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was fairly negotiated, in good faith, and complied with all statutory provisions.

The key legal issues before the Commission were whether the agreement was genuinely negotiated and made in good faith, and whether it contained all the required provisions. Additionally, the Commission had to consider if the agreement was consistent with the provisions of the Fair Work Act, including provisions relating to minimum entitlements, procedural fairness, and the protection of employees' rights. The Commission also needed to ensure that the agreement did not contravene any other relevant legislation or industrial instruments.

In assessing the application, the Commission examined the evidence provided by both parties, including the negotiation process and the terms of the agreement. The Commission found that the agreement was fairly negotiated and made in good faith, and that it contained all the required provisions. The Commission was satisfied that the agreement complied with the Fair Work Act and did not contravene any other relevant legislation or industrial instruments. Based on this, the Commission approved the agreement.

The Fair Work Commission approved the Commercial Sealing Systems Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, finding that it was fairly negotiated, made in good faith, and complied with all legal requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established