Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1728

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1494)

The Trustee for KBR Commercial Unit Trust T/As KBR Commercial Pty Ltd (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 Trustee for KBR Commercial Unit Trust T/As KBR Commercial Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

An application has been made for approval of a greenfields agreement known as The Trustee for KBR Commercial Unit Trust T/As KBR 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 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 Construction, Forestry, Maritime, Mining and Energy Union sought approval for a collective agreement between The Trustee for KBR Commercial Unit Trust and various employees involved in the Queens Wharf Project. The dispute came before the Fair Work Commission, which was tasked with determining whether the agreement complied with the relevant legislative provisions. The primary legal issues centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in relation to the protection of employee rights and the provision of fair and reasonable terms and conditions of employment.

The Commission examined the agreement's provisions to ascertain whether it provided adequate protection for employees and ensured fair and reasonable terms. Key considerations included the agreement's compliance with minimum wage rates, the preservation of employee entitlements, and whether the agreement unfairly disadvantaged any group of employees. The Commission also assessed the agreement's provisions on working conditions, including hours of work, leave entitlements, and dispute resolution mechanisms. The decision hinged on whether the agreement balanced the interests of the employer and employees while ensuring compliance with the statutory framework.

After a thorough review, the Commission concluded that the agreement substantially complied with the legislative requirements. The agreement provided fair and reasonable terms for employees, ensured adequate protection of their rights, and balanced the interests of both parties. The Commission noted that while there were minor issues that could be improved, these did not detract from the overall compliance of the agreement with the relevant legislation. Consequently, the Commission approved the collective agreement, subject to certain conditions designed to address the identified minor issues. The approval ensures that employees participating in the Queens Wharf Project are afforded fair and reasonable terms of employment.

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