Construction, Forestry and Maritime Employees Union

[2024] FWCA 2028

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1802)

FACADE & ROPE ACCESS PTY LTD T/AS TRADIES ON ROPES (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

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

Application for approval of the Facade & Rope Access Pty Ltd T/As Tradies on Ropes (Queens Wharf Project) Union Collective Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Facade & Rope Access Pty Ltd T/As Tradies on Ropes (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 matter before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union for the approval of a union collective agreement for workers employed by Facade & Rope Access Pty Ltd, trading as Tradies on Ropes, for the Queens Wharf Project. The union sought the agreement's approval to cover employees engaged in facade work, rope access, and associated tasks. The Commission was tasked with assessing whether the agreement met the statutory requirements and was in the interests of the employees and employers.

The key legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for coverage, negotiation, and the substantive terms of the agreement. The Commission also had to consider whether the agreement was in the interests of the employees and employers and if it met the standards of good faith bargaining and procedural fairness.

In its decision, the Commission found that the agreement was properly negotiated and met the statutory requirements. The Commission considered the evidence presented by both parties and determined that the agreement was fair and reasonable in its terms. The Commission also found that the agreement was in the best interests of the employees and employers, taking into account the specific nature of the work and the parties' bargaining positions. The Commission approved the agreement, noting that it provided appropriate protections and benefits for the employees while also allowing the employer flexibility in managing its business. The Commission's decision was based on a careful consideration of the evidence and the relevant legal principles, and it provided a clear and reasoned basis for the approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established