Construction, Forestry and Maritime Employees Union

[2024] FWCA 1930

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1685)

ASSET SURVEY SOLUTIONS PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 29 MAY 2024

Application for approval of the Asset Survey Solutions PTY LTD (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of a greenfields agreement known as the Asset Survey Solutions 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). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry and Maritime Employees Union.

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. In particular, I am satisfied that the Construction, Forestry and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry and Maritime Employees Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 5 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 filed an application for the approval of the Asset Survey Solutions Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022. The agreement was made between the Union and the employer, Asset Survey Solutions Pty Ltd, and covered employees working on the Queens Wharf Project. The Fair Work Commission was the court responsible for considering the application.

The primary legal issue before the Commission was whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. The Union had to demonstrate that the agreement had been genuinely negotiated and met the minimum standards set by the Act, including provisions for minimum wages, allowances, penalty rates, and other employment conditions. The Commission also needed to assess whether the agreement complied with the requirements for good faith bargaining and did not contain any provisions that were contrary to public policy.

The Fair Work Commission carefully considered the terms of the agreement and found that it had been genuinely negotiated between the Union and the employer. The Commission also determined that the agreement met all the statutory requirements for approval, including compliance with minimum wage and penalty rates. The agreement contained provisions for fair and reasonable terms and conditions of employment, and did not include any provisions that were contrary to public policy. As a result, the Commission approved the agreement, recognising it as a lawful and valid collective agreement.

The Fair Work Commission's decision was that the Application for approval of the Asset Survey Solutions Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022 was approved. The Commission found that the agreement was genuinely negotiated and met all the statutory requirements for approval under the Fair Work Act 2009. The Commission's decision recognised the agreement as a lawful and valid collective agreement, which would provide fair and reasonable terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established