Construction, Forestry and Maritime Employees Union

[2024] FWCA 2279

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2087)

SKY LABB (QLD) PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JUNE 2024

Application for approval of the Sky Labb (QLD) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the Sky Labb (QLD) 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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 17 April 2024 and the Agreement was made on 29 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Construction, Forestry and Maritime Employees Union (CF&MEU) and Skylabb (QLD) Pty Ltd, concerning the approval of the Union Collective Agreement 2022 relating to the Queen’s Wharf Project. The application was heard by the Fair Work Commission. The primary issue before the Commission was whether the Union Collective Agreement 2022 met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained provisions that were contrary to public policy or not in the best interests of employees.

The Commission carefully examined the Union Collective Agreement 2022 and considered submissions from both the CF&MEU and Skylabb (QLD) Pty Ltd. The CF&MEU argued that the agreement was necessary to ensure fair and equitable terms for its members, while Skylabb (QLD) Pty Ltd contended that certain provisions were unreasonable and would impose undue burdens on the company. After thorough deliberation, the Commission concluded that the Union Collective Agreement 2022 did not contain any provisions that were contrary to public policy or detrimental to the best interests of the employees. The Commission approved the agreement based on the evidence presented and the arguments made by both parties.

Following its findings, the Commission issued an order approving the Union Collective Agreement 2022 for the Queen’s Wharf Project. The agreement was deemed to be in the best interests of the employees and compliant with the relevant legislative requirements. The decision underscored the importance of balancing the interests of both employers and employees in collective bargaining agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established