Construction, Forestry and Maritime Employees Union

[2024] FWCA 2267

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2085)

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

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

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

An application has been made for approval of an enterprise agreement known as the Rangedale 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.

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 collective agreement between the Construction, Forestry and Maritime Employees Union and Rangedale QLD Pty Ltd, concerning the Union Collective Agreement 2022 for the Queen's Wharf Project. The Fair Work Commission was tasked with determining whether the proposed agreement complied with the Fair Work Act 2009 and the relevant industrial instruments.

The central legal issue revolved around the compliance of the proposed agreement with the statutory requirements outlined in the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement met the necessary conditions for approval, including the requirement that it did not unfairly disadvantage any employee or group of employees and that it was made in good faith. Additionally, the Commission needed to ensure that the agreement did not undermine the protection afforded to employees under the applicable industrial instruments.

The Fair Work Commission considered the provisions of the Fair Work Act 2009 and relevant industrial instruments, as well as submissions from both parties. The Commission noted that the proposed agreement contained provisions that were consistent with the statutory requirements and did not unfairly disadvantage any employee or group of employees. The Commission also found that the agreement was made in good faith and did not undermine the protection afforded to employees under the applicable industrial instruments. Based on these findings, the Commission approved the Union Collective Agreement 2022 for the Queen's Wharf Project.

The Fair Work Commission approved the Union Collective Agreement 2022 for the Queen's Wharf Project, finding that it complied with the statutory requirements and did not unfairly disadvantage any employee or group of employees. The Commission also found that the agreement was made in good faith and did not undermine the protection afforded to employees under the applicable industrial instruments.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established