Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2272

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2083)

CUTRITE COMMERCIAL 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 Cutrite Commercial Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the Cutrite Commercial 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 court involved an application by the Construction, Forestry and Maritime Employees Union to approve a collective agreement between the union and Cutrite Commercial Pty Ltd, relating to the Queens Wharf Project. The union sought approval of the agreement under the Fair Work Act 2009. The court was required to consider whether the agreement met the criteria for approval under the Act, including whether it provided for a fair and efficient workplace and met the better-off-overall test.

The court considered the provisions of the Fair Work Act and the requirements for the approval of a union collective agreement. The court examined the terms of the agreement, including the provisions relating to wages, hours of work, and other conditions of employment. The court also considered the evidence provided by both parties and the arguments made in relation to the better-off-overall test. The court found that the agreement met the criteria for approval under the Act, and that it provided for a fair and efficient workplace.

The court approved the Cutrite Commercial Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022, finding that it met the requirements of the Fair Work Act. The court found that the agreement provided for a fair and efficient workplace and met the better-off-overall test. The court noted that the agreement provided for a number of improvements in wages and conditions for employees, and that these improvements outweighed any potential negative impacts on the employer. The court also noted that the agreement had been negotiated in good faith between the union and the employer, and that it reflected the needs and interests of both parties.

The court approved the agreement, and the union was authorised to proceed with the implementation of the agreement. The court's decision provides guidance for unions and employers in relation to the negotiation and approval of collective agreements under the Fair Work Act. The decision also highlights the importance of good faith negotiations and the need for agreements to meet the better-off-overall test in order to be approved by the court.

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