| [2024] FWCA 2041 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/1785)
FYTO-GREEN AUSTRALIA PTY LTD T/AS FYTO-GREEN (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022
| Building, metal and civil construction industries | |
| COMMISSIONER SIMPSON | BRISBANE, 5 JUNE 2024 |
Application for approval of the Fyto-Green Australia Pty Ltd T/As Fyto-Green (Queens Wharf Project) Union Collective Agreement 2022
An application has been made for approval of a greenfields agreement known as the Fyto-Green Australia Pty Ltd T/As Fyto-Green (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
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- AGLC
- Construction, Forestry and Maritime Employees Union [2024] FWCA 2041
- Case
- [2024] FWCA 2041
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the agreement provided for a fair and efficient workplace, including whether it appropriately balanced the interests of both employers and employees. The Commission had to consider whether the terms of the agreement complied with the good faith bargaining principles and whether the agreement was procedurally fair and in accordance with the Fair Work Act. Additionally, the Commission had to ensure that the agreement did not undermine the protection of workers' rights and did not contain any terms that were contrary to public policy.
After reviewing the submissions and evidence from both parties, the Fair Work Commission found that the agreement met the statutory requirements for approval. The Commission concluded that the agreement was fair and efficient, and that it appropriately balanced the interests of both employers and employees. The Commission also found that the agreement complied with the good faith bargaining principles and did not contain any terms that were contrary to public policy. Accordingly, the Commission approved the collective agreement.
The Commission's final orders were that the Fyto-Green Australia Pty Ltd trading as Fyto-Green (Queens Wharf Project) Union Collective Agreement 2022 be approved as a registered agreement under section 171 of the Fair Work Act. The agreement was to be registered from the date of the Commission's decision, and the parties were directed to take all necessary steps to give effect to the approved agreement.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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