Construction, Forestry and Maritime Employees Union

[2024] FWCA 2270

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2076)

INTASIGN GROUP PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

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

Application for approval of the Intasign Group Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the Intasign Group 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 for the approval of a union collective agreement between the Construction, Forestry and Maritime Employees Union and Intasign Group Pty Ltd concerning the Queens Wharf Project. The union sought to have the agreement recognised and enforced under the Fair Work Act 2009. The employer opposed the application, arguing that the agreement did not meet the necessary standards and criteria set out by the legislation.

The primary legal issue before the Commission was whether the agreement in question met the requirements for approval under the Fair Work Act 2009. This involved examining whether the agreement was genuinely a product of bargaining between the parties, whether it contained the necessary minimum terms and conditions, and whether it complied with the principles of procedural fairness and good faith bargaining. The Commission also had to determine whether the agreement provided for an effective system for the resolution of workplace disputes.

The Fair Work Commission, after considering the arguments and evidence presented by both parties, concluded that the agreement met the necessary criteria for approval. The Commission found that the agreement was genuinely the product of bargaining between the union and the employer, contained the required minimum terms and conditions, and adhered to the principles of procedural fairness and good faith bargaining. Furthermore, the Commission determined that the agreement provided an effective system for the resolution of workplace disputes, thus meeting the requirements of the Fair Work Act 2009. As a result, the application for approval of the agreement was successful.

In light of the findings, the Fair Work Commission approved the Intasign Group Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022. The agreement is now recognised and enforceable under the Fair Work Act 2009, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established