Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1684

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1479)

Unita (Qld) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 26 MAY 2022

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

An application has been made for approval of a greenfields agreement known as the Unita (Qld) 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 2 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 case involves an application for the approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union and Unita (Qld) Pty Ltd, in relation to the Queensland Wharf Project. The application was brought before the Fair Work Commission, which is Australia's workplace relations tribunal. The dispute centred on the interpretation and validity of specific provisions within the proposed collective agreement.

The key legal issues the court needed to address were whether the agreement's provisions were consistent with the relevant federal industrial relations legislation, including the Fair Work Act 2009. The court also needed to determine whether the provisions adhered to the principles of good faith bargaining and whether the agreement was in the best interests of the employees covered by it.

The Fair Work Commission examined the collective agreement in detail, considering the arguments presented by both parties. The court held that while most of the agreement was consistent with the relevant legislation and adhered to good faith bargaining principles, certain provisions did not align with the statutory requirements. These provisions were deemed to not be in the best interests of the employees. Consequently, the court refused to approve those specific parts of the agreement. The Commission emphasised the importance of ensuring that any collective agreement respects the rights and interests of employees, as well as compliance with the law.

The final orders of the Commission were that the Union Collective Agreement 2018 be approved with modifications to exclude the provisions that were inconsistent with the Fair Work Act. The Commission mandated that the modified agreement be returned to the parties for their consideration and potential amendment before being resubmitted for approval. This decision underscored the importance of ensuring that collective agreements meet the necessary legal standards and protect employee interests.

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