Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2024

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1789)

BJS GROUP (QLD) PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

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

Application for approval of the BJS Group (QLD) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the BJS Group (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.

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 applied to the Fair Work Commission for the approval of a Union Collective Agreement entered into with BJS Group (QLD) Pty Ltd. The dispute centred on the terms of employment for workers on the Queen's Wharf Project. The Union sought to have the agreement, which contained various provisions regarding pay, conditions, and dispute resolution, formally recognised by the Commission.

The Commission needed to determine whether the agreement was a genuine union collective agreement as defined in the Fair Work Act 2009. This involved assessing whether the agreement was made between a registered union and an employer, and if it covered employees engaged or employed by the employer. Furthermore, the Commission had to consider whether the agreement was consistent with the provisions of the Act, particularly those concerning minimum rights and the avoidance of detrimental effects on the employees.

In making its decision, the Commission found that the agreement was a genuine union collective agreement, as it was entered into between the Union and BJS Group (QLD) Pty Ltd, and covered employees engaged or employed by the latter. The Commission noted that the agreement contained provisions that were consistent with the Act and did not have any detrimental effect on the employees. It concluded that the agreement met the requirements for approval and could be registered with the Commission.

Accordingly, the Commission approved the Union Collective Agreement, and it was registered as the BJS Group (QLD) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022. This decision provides clarity on the requirements for approving union collective agreements and ensures that workers on the Queen's Wharf Project have a recognised agreement that sets out their rights and obligations.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established