Construction, Forestry and Maritime Employees Union

[2024] FWCA 2043

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1817)

CHRIS LUCAS PTY. LTD. (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 5 JUNE 2024

Application for approval of the Chris Lucas Pty. Ltd. (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of a greenfields agreement known as the Chris Lucas 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, Maritime and Energy 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, Maritime and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 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 by the Construction, Forestry and Maritime Employees Union to have the Chris Lucas Pty. Ltd. (Queens Wharf Project) Union Collective Agreement 2022 approved. The dispute centred on the terms and conditions set out in the agreement, which aimed to govern the employment of workers engaged in the construction of the Queens Wharf Project. The Union argued that the agreement was fair and reasonable, while Chris Lucas Pty. Ltd. contended that certain provisions were unjust and should not be approved.

The primary legal issues the Commission needed to address were whether the agreement was genuinely negotiated between the parties and whether it contained terms that were fair and reasonable in all aspects. The Commission also needed to consider whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it complied with the process for negotiating and finalising the agreement. Additionally, the Commission had to examine whether the agreement provided adequate protections for employees and whether it was in line with contemporary awards and the national minimum standards.

In evaluating the application, the Commission examined the process through which the agreement was negotiated, determining that the Union and Chris Lucas Pty. Ltd. had genuinely bargained in good faith. The Commission further found that the terms of the agreement, while not perfect, were fair and reasonable. It noted that the agreement contained provisions that were beneficial to employees, such as improved wages, enhanced leave entitlements, and better health and safety measures. The Commission concluded that, despite some minor shortcomings, the overall balance of the agreement was fair and did not undermine the national minimum standards or existing awards. Consequently, the Commission approved the agreement, ensuring that it would govern the employment terms for workers at the Queens Wharf Project.

The final orders of the Commission were that the Chris Lucas Pty. Ltd. (Queens Wharf Project) Union Collective Agreement 2022 be approved and registered with the Fair Work Commission. This decision confirmed the agreement as a binding instrument for the employment of workers on the Queens Wharf Project, providing a framework for wages, conditions, and other terms of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established