DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/561)

PROJECTS QUEENSLAND PTY LIMITED AND CFMEU UNION COLLECTIVE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 22 MARCH 2016

Application for approval of the Projects Queensland Pty Limited and CFMEU Union Collective Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Projects Queensland Pty Limited and CFMEU Union Collective Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 22 March 2016 and, in accordance with s.54, will operate from 29 March 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval for a collective agreement between Projects Queensland Pty Limited and the union. The application was heard in the Fair Work Commission. The union argued that the agreement provided for appropriate terms and conditions, including pay and other entitlements, to be applied to workers employed under the agreement. The employer contested the application, asserting that the agreement did not appropriately balance the interests of the employer and employees, and that certain provisions were not in the best interests of employees.

The Commission considered the nature of the agreement and the arguments of both parties. It examined the provisions of the agreement and the evidence provided by both parties. The Commission found that the agreement provided for appropriate terms and conditions, and that the provisions were in the best interests of the employees. The Commission also found that the agreement appropriately balanced the interests of the employer and employees.

The Commission approved the collective agreement, finding that it met the requirements of the Fair Work Act 2009. The employer was directed to give effect to the agreement and the union was directed to give effect to the agreement in relation to its members. The union's application for approval of the agreement was successful.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established