Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2046

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1837)

BRIDGEMAN AGENCIES PTY LTD T/AS BRIDGEMAN (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

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

Application for approval of the Bridgeman Agencies Pty Ltd T/As Bridgeman (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of a greenfields agreement known as the Bridgeman Agencies Pty Ltd T/As Bridgeman (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 Construction, Forestry and Maritime Employees Union sought approval for the Bridgeman Agencies Pty Ltd T/As Bridgeman (Queens Wharf Project) Union Collective Agreement 2022. The application was made to the Fair Work Commission under section 233 of the Fair Work Act 2009. The agreement in question pertained to the employment terms and conditions for workers engaged in the Queens Wharf Project, and the Union argued that it was in the best interests of the employees. The application was opposed by Bridgeman Agencies, which contested certain provisions of the agreement.

The key legal issues before the Commission involved whether the agreement complied with the requirements of the Fair Work Act and if it was in the best interests of the employees. Bridgeman Agencies contended that some provisions of the agreement were overly prescriptive and not in line with the statutory provisions governing collective agreements. The Union, on the other hand, argued that the agreement provided adequate protections and benefits for the employees, and that it was in their best interests to have the agreement approved.

The Commission found that the agreement largely complied with the provisions of the Fair Work Act. The Commission noted that while some provisions could be seen as overly detailed, they did not contravene any statutory requirements. The Commission also concluded that the agreement was in the best interests of the employees, as it provided them with protections and benefits that were favourable compared to the applicable awards and enterprise agreements. The Commission determined that the benefits of approving the agreement outweighed any minor deficiencies, and granted the application for approval.

The Fair Work Commission approved the Bridgeman Agencies Pty Ltd T/As Bridgeman (Queens Wharf Project) Union Collective Agreement 2022, effective from the date of the decision. The Commission noted that the agreement would apply to all employees covered by the agreement, and that any disputes arising from the agreement would be subject to the dispute resolution procedures outlined within the agreement itself.

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