Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2506)

FROTH CARPENTRY PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 17 JULY 2024

Application for approval of the Froth Carpentry Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024

An application has been made for approval of a greenfields agreement known as the Froth Carpentry Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024 (the Agreement). The application was made by Construction, Forestry and Maritime Employees 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 Construction, Forestry and Maritime Employees 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 Construction, Forestry and Maritime Employees Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2024. The nominal expiry date of the Agreement is 1 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry and Maritime Employees Union, which sought approval for the Froth Carpentry Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024. The dispute centred on whether the proposed agreement met the requirements for an enterprise agreement under the Fair Work Act 2009. The Federal Court of Australia was tasked with determining the application.

The central legal issues before the court were whether the proposed agreement contained the necessary elements of an enterprise agreement, including the ability to be in writing, the inclusion of terms that provided for the determination of pay and conditions of employment, and whether it satisfied the good faith requirement. The court also needed to consider if the agreement was free from prohibited content and if it complied with any relevant legislative provisions.

The court examined the proposed agreement in detail, confirming that it was in writing and included essential terms regarding pay and conditions of employment. It found that the agreement was made in good faith and was free from prohibited content. The court also noted that the agreement complied with all relevant legislative requirements. Given these findings, the court concluded that the proposed agreement met all the statutory criteria for approval.

The court approved the Froth Carpentry Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024. The decision was made in line with the legislative framework, ensuring that the agreement would operate as intended, providing for fair terms and conditions for the employees involved in the project.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established