Construction, Forestry and Maritime Employees Union

[2024] FWCA 2045

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1833)

FROTH BUILD 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 Froth Build Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of a greenfields agreement known as the Froth Build 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 Fair Work Commission heard an application for the approval of a union collective agreement between the Construction, Forestry and Maritime Employees Union and Froth Build Pty Ltd in relation to the Queen's Wharf Project. The union sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009, while Froth Build Pty Ltd argued that the agreement was not suitable for registration due to its terms and conditions. The Commission was tasked with determining whether the agreement met the requirements for approval under the Act.

The central legal issue before the Commission was whether the Froth Build Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022 complied with the Fair Work Act 2009 and was fit for registration. The Commission considered the agreement's provisions in light of the Act's requirements, including whether the agreement provided for fair and reasonable terms and conditions, and whether it was negotiated in good faith. Additionally, the Commission examined whether the agreement contained any terms that were contrary to public policy or that would have an unreasonable impact on the employer.

In reaching its decision, the Commission found that the agreement met the requirements for approval under the Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions for employees and was negotiated in good faith between the parties. The Commission also found that the agreement did not contain any terms that were contrary to public policy or that would have an unreasonable impact on the employer. As a result, the Commission approved the agreement and registered it under the Fair Work Act 2009.

The Commission's decision resulted in the registration of the Froth Build Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022, which will now apply to employees covered by the agreement. The employer and the union are bound by the terms and conditions set out in the agreement, and any disputes arising from the agreement will be governed by the Fair Work Act 2009. The decision provides clarity and certainty for both parties and ensures that the agreement is fair and reasonable for all involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established