Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2048

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1840)

CARPARKS NOW PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 6 JUNE 2024

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

An application has been made for approval of a greenfields agreement known as the Carparks Now Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022 (the Agreement). The application was made by Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry and Maritime Employees Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 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 was an application for the approval of the Carparks Now Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022, filed by the Construction, Forestry and Maritime Employees Union. The dispute centred on the terms and conditions of employment under the proposed agreement, including wage rates, working conditions, and other employment provisions. The application was heard by the Fair Work Commission, an independent statutory tribunal with jurisdiction to make decisions under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the 'better off overall test' and whether it complied with the provisions of the Fair Work Act, including the requirements for 'good faith' bargaining and 'enterprise agreements'. The Commission had to assess if the agreement was in the best interests of the employees and if it adhered to the legislative framework designed to protect employees' rights and ensure fair workplace practices.

The Fair Work Commission found that the proposed agreement satisfied the better off overall test, as it provided employees with improved terms and conditions compared to the previous arrangement. The Commission also determined that the agreement was made in good faith and complied with the statutory requirements for enterprise agreements. The Commission was satisfied that the agreement met the legislative standards and was in the best interests of the employees, thus granting approval for the Carparks Now Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022. As a result, the agreement was formally approved and is now in effect, governing the employment conditions of the workers involved.

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