Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1834

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1546)

NORTH AUSTRALIAN CONTRACTING PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 21 MAY 2024

Application for approval of the North Australian Contracting Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of a greenfields agreement known as the North Australian Contracting 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 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 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 28 May 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 court was an application by the Construction, Forestry and Maritime Employees Union (CFMEU) to approve a collective agreement between the Union and North Australian Contracting Pty Ltd (NAC) for the Queen's Wharf Project. The CFMEU sought to have the agreement, which had been entered into by the parties, approved as a "modern award" under the Fair Work Act 2009. The application was brought to the Fair Work Commission, which has jurisdiction to approve such agreements under the Act.

The key legal issue before the Commission was whether the agreement met the criteria for approval under the Act. The Act requires that the agreement be "fair and reasonable", and that it does not undermine the protections afforded to employees under the Fair Work Act. The Commission also considered whether the agreement was consistent with the principles of the national workplace relations system, and whether it would have a detrimental effect on the operation of the system. The CFMEU argued that the agreement was fair and reasonable, and that it did not undermine the protections afforded to employees. They submitted that the agreement provided for a fair and reasonable level of pay and conditions for employees, and that it was consistent with the principles of the national workplace relations system.

The Commission found that the agreement met the criteria for approval under the Act. It noted that the agreement provided for a fair and reasonable level of pay and conditions for employees, and that it was consistent with the principles of the national workplace relations system. The Commission also found that the agreement would not have a detrimental effect on the operation of the system. It noted that the agreement was the result of good faith negotiations between the parties, and that it provided for a fair and reasonable level of pay and conditions for employees. The Commission approved the agreement as a modern award, and it now has the force of a registered instrument under the Fair Work Act.

The Commission's decision to approve the agreement as a modern award is significant for the parties involved, as well as for the broader workplace relations system. The approval of the agreement as a modern award means that it will have the force of a registered instrument, and will be binding on the parties. The decision also provides guidance to other employers and unions on the types of agreements that are likely to be approved by the Commission. It is likely to have a positive impact on the parties involved, as well as on the broader workplace relations system.

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