Construction, Forestry and Maritime Employees Union

[2024] FWCA 2273

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2088)

GVK QLD REO 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 GVK QLD Rea Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the GVK QLD Rea 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 Construction, Forestry and Maritime Employees Union (CFMEU) sought approval from the Fair Work Commission for the GVK QLD Rea Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022. The application came before the Commission in response to a request from the employer and the union, as mandated by section 230 of the Fair Work Act 2009. The parties sought approval of the agreement as a registered union/employer agreement, which would provide a mechanism for resolving workplace disputes and set out the terms and conditions of employment.

The primary legal issue the Commission had to address was whether the agreement met the statutory requirements for registration under the Fair Work Act. This involved assessing the agreement against various criteria, including whether it had been negotiated in good faith, contained the essential elements required by law, and was fair and reasonable. The Commission also had to consider whether the agreement was consistent with the principles of the Australian labour market and public policy.

After careful consideration, the Commission found that the agreement satisfied all the necessary criteria for registration. The Commission noted that the agreement had been negotiated in good faith, contained the essential elements required by law, and was fair and reasonable. The Commission also concluded that the agreement was consistent with the principles of the Australian labour market and public policy. As a result, the Commission approved the GVK QLD Rea Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022, and it was registered with the Fair Work Commission on [date].

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established