Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1748

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1559)

Ozepoxy Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 2 june 2022

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

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

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, 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(1) of the Act, will operate from 9 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 matter before the Fair Work Commission involved an application for approval of the Ozepoxy Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Ozepoxy Pty Ltd as the principal parties. The dispute centred on the terms and conditions outlined in the proposed agreement, which sought to govern the employment of workers engaged in the construction of the Queens Wharf Project. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues the Commission needed to address included whether the agreement provided for the proper management and operation of the workplace, whether it included appropriate terms and conditions for the protection of employees, and whether the agreement had been genuinely negotiated between the parties. Additionally, the Commission had to consider whether the agreement unfairly disadvantaged any employees and whether it complied with the requirements of the Fair Work Act.

In delivering its decision, the Commission examined the provisions of the proposed agreement, including wages, hours of work, leave entitlements, and other employment conditions. The Commission found that the agreement contained terms that provided for the effective management and operation of the workplace and adequately protected the rights of employees. It was also determined that the agreement had been genuinely negotiated between the parties and did not unfairly disadvantage any employees. Furthermore, the Commission was satisfied that the agreement complied with the Fair Work Act. Consequently, the Commission approved the Ozepoxy Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, thereby resolving the dispute in favour of the CFMEU and Ozepoxy Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established