Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2338

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2100)

KA QUEENSLAND PTY LTD T/AS KARABINER (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 JUNE 2024

Application for approval of the KA Queensland Pty Ltd T/As Karabiner (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the KA Queensland Pty Ltd T/As Karabiner (Queens Wharf Project) Union Collective Agreement 2022 (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 and Maritime Employees Union. The Agreement is a single enterprise agreement.

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 Construction, Forestry and Maritime Employees 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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in the case were the Construction, Forestry and Maritime Employees Union (CFMEU) and KA Queensland Pty Ltd T/As Karabiner, regarding the approval of the Union Collective Agreement 2022 for the Queen's Wharf Project. The dispute was brought before the Fair Work Commission, which is responsible for overseeing and approving such agreements under Australian labour law. The primary issue for the court was to determine whether the collective agreement complied with the requirements of the Fair Work Act 2009, specifically sections that mandate good faith bargaining and compliance with the principles of the National Employment Standards.

The court examined several legal issues, including the nature and scope of the bargaining process between the union and the employer, the extent to which the agreement met the criteria for good faith bargaining, and whether the terms of the agreement provided for fair and reasonable terms of employment. The court also considered whether the agreement adequately protected the rights and interests of the employees while balancing the commercial interests of the employer. Key to the decision was the application of statutory provisions and precedents that guide the interpretation and approval of union collective agreements.

In its decision, the court found that the collective agreement in question was consistent with the principles of good faith bargaining and met the statutory requirements for approval. The agreement was deemed to provide fair and reasonable terms of employment, ensuring that employees' rights were protected and the employer's business interests were considered. The court emphasised the importance of maintaining a balance between these competing interests and concluded that the agreement achieved this balance effectively. As a result, the court approved the Union Collective Agreement 2022 for the Queen's Wharf 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