Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2269

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2086)

SURFSIDE POOL CONSTRUCTIONS PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

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

Surfside Pool Constructions Pty Ltd (Queens Wharf Project) Union Collective Agreement 202 Application for approval of the Surfside Pool Constructions Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the Surfside Pool Constructions 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 Construction, Forestry and Maritime Employees Union sought approval of the Surfside Pool Constructions Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022. Surfside Pool Constructions Pty Ltd contested the application, leading to the matter being heard by the Fair Work Commission. The dispute centred on the interpretation and application of specific clauses within the proposed collective agreement, particularly regarding employee entitlements and working conditions on the Queens Wharf Project.

The legal issues before the Commission involved whether the proposed agreement met the requirements set out in the Fair Work Act 2009, specifically focusing on whether it provided for fair and reasonable terms and conditions, and whether it complied with the relevant provisions of the award and any applicable laws. The Commission had to determine if the agreement appropriately balanced the interests of both the employees and the employer, ensuring that it was fair and reasonable in all respects.

In its decision, the Commission carefully examined the terms of the agreement, considering the submissions from both parties and the broader context of industrial relations law. The Commission found that the proposed agreement did indeed meet the necessary criteria for approval. It concluded that the agreement provided for fair and reasonable terms and conditions, and that it complied with the relevant provisions of the Fair Work Act and any applicable awards or laws. The Commission approved the Surfside Pool Constructions Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022, recognising its fairness and reasonableness.

The Fair Work Commission's final order was that the Surfside Pool Constructions Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022 be approved, effective from the date of the decision. This approval means that the terms and conditions outlined in the agreement will apply to the employees covered by it, ensuring that both parties abide by the agreed-upon terms.

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