Construction, Forestry and Maritime Employees Union

[2024] FWCA 1908

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1679)

QTCH MANAGEMENT PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 29 MAY 2024

Application for approval of the QTCH Management PTY LTD and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the QTCH Management PTY LTD and CFMEU Union Collective Agreement 2023-2027 (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 and Maritime Employees 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 5 June 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) submitted an application seeking approval for the QTCH Management PTY LTD and CFMEU Union Collective Agreement 2023-2027. The application was considered by Commissioner P. M. Williams. The agreement in question sought to establish terms and conditions of employment for workers within the QTCH Management PTY LTD, and the CFMEU sought to ensure that the agreement would be approved and registered as a green field agreement.

The primary legal issue before the Commissioner was whether the proposed collective agreement complied with the Fair Work Act 2009 and its associated regulations. Specifically, the Commissioner needed to determine whether the agreement was made in good faith and was intended to be a genuine collective agreement, and whether it satisfied the criteria for registration as a green field agreement. The Commissioner also needed to assess whether the agreement provided adequate protections for employees, including minimum wage rates and conditions of employment.

After reviewing the submissions and evidence from both parties, the Commissioner found that the proposed agreement was made in good faith and was intended to be a genuine collective agreement. The Commissioner also found that the agreement satisfied the criteria for registration as a green field agreement, as it was made between parties who had not previously been engaged in collective bargaining. The Commissioner was satisfied that the agreement provided adequate protections for employees, including minimum wage rates and conditions of employment that were not less favourable than those provided for in the relevant modern award. The Commissioner approved the application and registered the agreement as a green field agreement.

The Commissioner's final orders were that the QTCH Management PTY LTD and CFMEU Union Collective Agreement 2023-2027 be approved and registered as a green field agreement under the Fair Work Act 2009. The Commissioner also ordered that the agreement be published on the Fair Work Commission's website, and that copies of the agreement be provided to both parties and to the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established