Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1905

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1706)

HERITAGE WALLPAPER 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 Heritage Wallpaper Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

An application has been made for approval of a greenfields agreement known as the Heritage Wallpaper 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 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

The Fair Work Commission heard an application from the Construction, Forestry, Maritime, Mining and Energy Union for approval of the Heritage Wallpaper Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The dispute centred on whether the proposed agreement, which outlined terms and conditions for employees involved in the Queens Wharf Project, complied with the Fair Work Act 2009. The Commission was tasked with determining if the agreement met the requirements for approval under the Act, particularly focusing on its compliance with the good faith bargaining and public interest considerations.

The key legal issues before the Commission were whether the agreement was the product of genuine collective bargaining and if it met the criteria for approval as outlined in the Fair Work Act. The Commission also considered whether the agreement adequately protected employee rights and interests, and whether it balanced the interests of the employer and employees in a fair and reasonable manner.

The Commission found that the agreement was the result of genuine collective bargaining between the union and the employer, and that it adequately protected employee rights and interests. The Commission was satisfied that the agreement met the criteria for approval under the Act, taking into account the public interest considerations and the balance of interests between the employer and employees. The Commission concluded that the agreement was fair and reasonable, and approved it under section 234 of the Fair Work Act.

The Commission's decision was that the Heritage Wallpaper Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 was approved, effective from the date of the decision. The agreement was to apply to all employees of Heritage Wallpaper Pty Ltd involved in the Queens Wharf Project, and it was to remain in force until terminated or replaced by a new agreement. The Commission's decision provided clarity and certainty for both the employer and employees, ensuring that the agreement met the necessary legal requirements and protected the interests of all parties involved.

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