Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1207

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/887)

Chris Lucas Pty. Ltd. (Queens Wharf Project) Union Collective Agreement 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 6 APRIL 2022

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

An application has been made for approval of a greenfields agreement known as the Chris Lucas 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 13 April 2022. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the Chris Lucas Pty. Ltd. (Queens Wharf Project) Union Collective Agreement 2018. The parties included the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Chris Lucas Pty. Ltd. The dispute centred on whether the proposed collective agreement should be approved under the Fair Work Act 2009 (Cth). The application was heard in the Fair Work Commission.

The central legal issue before the court was whether the proposed agreement complied with the statutory requirements for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement met the 'better off overall test', which assesses whether the employees are better off overall with the agreement compared to the applicable award or registered agreement. Additionally, the court examined whether the agreement included all the mandatory terms required by the Act, and if the proper consultation process had been followed.

The court reviewed the provisions of the Fair Work Act and the specifics of the proposed agreement. It assessed the economic benefits and detriments to the employees and determined that the agreement met the better off overall test. The court found that the agreement included all necessary mandatory terms and that the consultation process was conducted appropriately. Consequently, the court approved the Chris Lucas Pty. Ltd. (Queens Wharf Project) Union Collective Agreement 2018.

The Fair Work Commission approved the application and granted the necessary approval for the collective agreement. This decision allows the agreement to come into effect, providing a framework for the employment conditions of the workers involved in the Queens Wharf Project.

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