Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1878

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1708)

Turner Bros Commercial Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 JUNE 2022

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

An application has been made for approval of a greenfields agreement known as the Turner Bros Commercial 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 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 21 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 matter of the Construction, Forestry, Maritime, Mining and Energy Union, an application was brought before the Fair Work Commission for the approval of the Turner Bros Commercial Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The dispute arose out of the negotiations between the union and the employer over the terms and conditions of employment for workers on the Queens Wharf Project. The Fair Work Commission was tasked with assessing the agreement to determine if it met the statutory requirements under the Fair Work Act 2009.

The central legal issues that the Fair Work Commission needed to address involved whether the agreement provided for the appropriate minimum entitlements for employees, including wages, leave, and other conditions, as mandated by the Act. The Commission also had to consider if the agreement was free from any unfair provisions that might disadvantage employees and whether the agreement adhered to the good faith bargaining principles stipulated by the Act.

Upon review, the Fair Work Commission found that the Turner Bros Commercial Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 met the necessary requirements under the Fair Work Act. The agreement was deemed to provide for minimum entitlements that aligned with the statutory standards, and it did not include any provisions that would unfairly prejudice the employees. Additionally, the Commission was satisfied that the agreement was the result of good faith bargaining between the union and the employer. Consequently, the Commission approved the agreement, finding it to be in compliance with the Act.

The Fair Work Commission's decision concluded with the formal approval of the Turner Bros Commercial Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The agreement was accepted as meeting all the legal standards required under the Fair Work Act, and it was therefore authorised to take effect. This decision provides clarity and certainty for the parties involved in the agreement, ensuring that the terms of employment are legally compliant and fair.

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