Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2094)

BK COMMERCIAL CAULKING PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 JUNE 2024

Application for approval of the BK Commercial Caulking Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the BK Commercial Caulking Pty Ltd (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 28 June 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 matter before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union for the approval of the BK Commercial Caulking Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022. The applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009, ensuring its enforceability among the parties involved. BK Commercial Caulking Pty Ltd, the employer, contested the application, raising objections to certain provisions within the agreement.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for registration under the Fair Work Act. This included determining whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it complied with the procedural requirements set out in the Act. The Commission had to examine the bargaining process, the content of the agreement, and whether any provisions were contrary to public policy or otherwise unenforceable.

In considering the application, the Fair Work Commission assessed the evidence and submissions provided by both parties. The Commission found that the agreement was made in good faith and contained all the mandated minimum terms and conditions. While acknowledging the employer's concerns regarding specific provisions, the Commission concluded that these did not render the agreement invalid as a whole. The Commission approved the agreement, finding that it complied with the statutory requirements and was therefore eligible for registration. The decision was made in light of the overall fairness and compliance of the agreement, and the Commission did not identify any provisions that would invalidate the entire agreement.

In approving the application, the Commission ordered that the BK Commercial Caulking Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022 be registered as a registered agreement under the Fair Work Act. This registration ensures that the agreement is enforceable and binding on the parties involved, effective from the date of the Commission's decision.

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