Construction, Forestry and Maritime Employees Union

[2024] FWCA 2038

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1814)

BEENLEIGH STEEL FABRICATIONS PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 5 JUNE 2024

Application for approval of the Beenleigh Steel Fabrications Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the Beenleigh Steel Fabrications Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the 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 case involves the Construction, Forestry and Maritime Employees Union and Beenleigh Steel Fabrications Pty Ltd, with the dispute centred around the application for approval of the Union Collective Agreement 2022 relating to the Queen's Wharf Project. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issues revolved around whether the agreement provided for the minimum terms and conditions as required by the Fair Work Act, and whether it contained any provisions that would undermine the operation of the Act. Specifically, the Commission needed to assess if the agreement was consistent with the national workplace relations system and whether it included any provisions that were contrary to public policy.

The Fair Work Commission found that the agreement largely complied with the statutory requirements, providing for the minimum terms and conditions of employment. However, it identified certain provisions that were inconsistent with the Act, specifically those that could potentially undermine the operation of the national workplace relations system. These provisions were deemed to contravene the Act and were therefore disallowed. The Commission concluded that while the agreement generally met the legislative standards, the identified inconsistencies necessitated disallowance to uphold the integrity of the national workplace relations framework.

As a result of the disallowance of certain provisions, the Fair Work Commission approved the Union Collective Agreement 2022 with modifications. The final orders mandated that the disallowed provisions be removed or amended to align with the Fair Work Act, ensuring compliance with the national workplace relations system.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established