Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1184

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/860)

Robertson Coatings (QLD) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 5 APRIL 2022

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

An application has been made for approval of a greenfields agreement known as the Robertson Coatings (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 12 April 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 the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applying for approval of the Robertson Coatings (QLD) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The application was heard by the Fair Work Commission, which has jurisdiction over the approval of collective agreements under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the statutory requirements for approval and whether it complied with the principles of enterprise bargaining and good faith.

The Commission considered the provisions of the Fair Work Act, focusing on the requirement that a collective agreement must not have the effect of undermining the ability of employees to achieve their legitimate workplace goals. The CFMEU argued that the agreement was necessary to address specific issues arising from the nature of the project and the need for a flexible and efficient workforce. The Commission examined the terms of the agreement, including provisions related to work hours, overtime, and the use of labour hire, to assess their impact on employees' rights and workplace practices. The CFMEU also presented evidence to demonstrate that the agreement was negotiated in good faith and was necessary to maintain industrial harmony.

After careful consideration, the Commission found that the agreement met the statutory requirements and did not undermine employees' legitimate workplace goals. The Commission concluded that the terms of the agreement were reasonable and necessary for the specific circumstances of the project, and that it complied with the principles of enterprise bargaining and good faith. The Commission approved the Robertson Coatings (QLD) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, recognising its importance for achieving a balanced and fair outcome for both employers and employees. The Commission's decision ensures that the agreement can be implemented, providing certainty and stability for all parties involved in the project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established