Construction, Forestry and Maritime Employees Union

[2024] FWCA 2032

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1808)

THE TRUSTEE FOR EXTON FAMILY TRUST T/AS BRISBANE TILE & STONE SEALING (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

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

Application for approval of the Trustee for Exton Family Trust T/As Brisbane Tile & Stone Sealing (Queens Wharf Project) Union Collective Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Trustee for Exton Family Trust T/As Brisbane Tile & Stone Sealing (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 the 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 Construction, Forestry and Maritime Employees Union sought approval for the Trustee for Exton Family Trust trading as Brisbane Tile & Stone Sealing Union Collective Agreement 2022. The Union argued that the agreement was necessary for the protection of the employees' rights and interests in the context of a specific project, the Queen’s Wharf Project. The court was tasked with determining whether the agreement was compliant with the relevant industrial relations legislation and whether it was in the best interests of the employees.

The central legal issue before the court was whether the proposed Union Collective Agreement 2022 adhered to the necessary statutory requirements under the Fair Work Act 2009 and if it appropriately safeguarded the employees' rights and interests. The court examined the agreement's compliance with the Act's provisions concerning the scope of bargaining, the representation of employees, and the fairness of the terms.

The court held that the agreement was compliant with the relevant legislative provisions and was in the best interests of the employees. It found that the Union had adequately represented the employees in the bargaining process and that the terms of the agreement were fair and reasonable. The court also noted that the agreement provided for appropriate protections for the employees, including provisions for wages, conditions of employment, and dispute resolution mechanisms.

The court granted the Union’s application for approval of the agreement, allowing the Trustee for Exton Family Trust trading as Brisbane Tile & Stone Sealing to implement the Union Collective Agreement 2022 for the Queen’s Wharf Project. This decision ensures that the employees are provided with the protections and benefits outlined in the agreement, as intended by the Union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established