Construction, Forestry and Maritime Employees Union

[2024] FWCA 2047

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1834)

FOCUS CONSTRUCT 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 Focus Construct Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of a greenfields agreement known as the Focus Construct 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

In this case, the Construction, Forestry and Maritime Employees Union (CFMEU) made an application for the approval of the Focus Construct Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022. The dispute before the court involved the validity and enforceability of certain clauses in the collective agreement, which was intended to govern the employment terms and conditions of workers engaged by Focus Construct Pty Ltd in the Queens Wharf Project.

The central legal issues the court needed to address were whether the collective agreement was made in accordance with the relevant legislative framework and whether the terms of the agreement were fair and reasonable. The court had to consider whether the CFMEU had followed the necessary procedural requirements for entering into the agreement and whether the terms of the agreement were consistent with the applicable industrial relations laws.

The court found that the CFMEU had properly followed the procedural requirements in entering into the collective agreement. It determined that the agreement was made in good faith and without any coercion. Furthermore, the court held that the terms of the agreement were fair and reasonable, providing appropriate protections and benefits for the workers. Consequently, the court granted the application for approval of the collective agreement, confirming its enforceability.

The court's decision was based on a thorough examination of the procedural integrity of the agreement and the fairness of its terms, ensuring that the workers' interests were adequately safeguarded. The approval of the collective agreement means that it can now be enforced as a binding contract between Focus Construct Pty Ltd and the workers involved in the Queens Wharf Project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established