Construction, Forestry and Maritime Employees Union

[2024] FWCA 2022

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1783)

SAFE-T-PRO SERVICES (QLD) PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 JUNE 2024

Application for approval of the Safe-T-Pro (QLD) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the Safe-T-Pro (QLD) 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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 15 April 2024 and the Agreement was made on 10 May 2024 Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a Union Collective Agreement 2022 between the Construction, Forestry and Maritime Employees Union and Safe-T-Pro (QLD) Pty Ltd, pertaining to the Queen's Wharf Project. The application was brought before the court to determine if the collective agreement should be approved under the relevant legislation. The court was tasked with ensuring that the agreement met the statutory requirements and was in the interests of both the employees and the employer.

The primary legal issues the court had to address were whether the collective agreement complied with the legislative framework, particularly the Fair Work Act 2009, and whether it was fair and reasonable for both parties. The court had to examine various provisions within the agreement, including those related to wages, hours of work, leave, and other employment conditions. The court also needed to ensure that the agreement did not contravene any statutory minimum standards and that it was not detrimental to the employees' rights.

After a thorough examination of the collective agreement and the relevant legal provisions, the court determined that the agreement was compliant with the Fair Work Act 2009 and met the statutory requirements. The court found that the agreement was fair and reasonable, taking into account the interests of both the employees and the employer. The court concluded that the agreement would promote harmonious workplace relations and provide adequate protections for the employees. Consequently, the court approved the Safe-T-Pro (QLD) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022.

In summary, the court approved the collective agreement, confirming its compliance with the Fair Work Act 2009 and its fairness and reasonableness for both parties. This decision ensures that the agreement will govern the employment conditions for the employees of Safe-T-Pro (QLD) Pty Ltd involved in the Queen's Wharf Project, promoting a harmonious workplace and protecting the rights of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established