Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1726

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1493)

Darcy Robinson T/As Robrand Project Support Services (Queens Wharf Project) Union Collective Agreement 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 MAY 2022

Application for approval of the Darcy Robinson T/As Robrand Project Support Services (Queens Wharf Project) Union Collective Agreement 2018

An application has been made for approval of a greenfields agreement known as the Darcy Robinson T/As Robrand Project Support Services (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 3 June 2022. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Maritime, Mining and Energy Union and Darcy Robinson, trading as Robrand Project Support Services. The dispute centred on the approval of the Union Collective Agreement 2018, which was proposed for the Queens Wharf Project. The Fair Work Commission was the court responsible for making the decision. The legal issues that the court had to decide included whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was in the best interests of the employees covered by the agreement.

The court examined the agreement in detail and found that it contained provisions that were not in compliance with the Fair Work Act. Specifically, the court found that the agreement contained terms that were inconsistent with the provisions of the Act regarding minimum wages and conditions. The court also found that the agreement did not adequately protect the rights of employees in relation to their working conditions. The court concluded that the agreement was not in the best interests of the employees and therefore could not be approved.

The Fair Work Commission ultimately rejected the application for approval of the Union Collective Agreement 2018 for the Queens Wharf Project. The court found that the agreement contained provisions that were inconsistent with the Fair Work Act and that it did not adequately protect the rights of employees. The court's decision was based on a careful examination of the agreement and a consideration of the interests of the employees involved. The final orders of the court were that the application for approval of the agreement be rejected.

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