Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 1239

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1024)

EMPIRE QUALITY SERVICES PTY LTD T/AS EMPIRE JOINT SEALING AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 9 APRIL 2024

Application for approval of the Empire Quality Services Pty Ltd T/As Empire Joint Sealing and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of a greenfields agreement known as the Empire Quality Services Pty Ltd T/As Empire Joint Sealing and CFMEU Union Collective Agreement 2023–2027 (the Agreement). The application was made by Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, 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 of the Act, will operate from 16 April 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

The matter before the court involved an application for the approval of a collective agreement between the Construction, Forestry and Maritime Employees Union (CFMEU) and Empire Quality Services Pty Ltd, trading as Empire Joint Sealing. The application was made under the relevant provisions of the Fair Work Act 2009. The CFMEU sought approval for the collective agreement, which outlined terms and conditions of employment for workers in the industry. Empire Quality Services Pty Ltd, which operates in the sealing industry, was the employer party to the agreement. The court's role was to determine whether the agreement met the criteria for approval under the legislation, including whether it provided for a fair and efficient method of determining wages and other conditions of employment.

The primary legal issue before the court was whether the collective agreement complied with the requirements set out in the Fair Work Act. Specifically, the court had to examine whether the agreement met the criteria for registration and approval, such as whether it provided for a fair and efficient method of determining wages and other conditions of employment. The court also needed to consider whether the agreement had been made in good faith and whether it was in the best interests of the employees covered by the agreement. Additionally, the court assessed whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009.

The court found that the collective agreement met all the necessary criteria for approval. It determined that the agreement provided for a fair and efficient method of determining wages and other conditions of employment, which were consistent with the overarching objectives of the Fair Work Act. The court was satisfied that the agreement had been made in good faith and was in the best interests of the employees. The agreement also aligned with the requirements of the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009. Consequently, the court approved the collective agreement, confirming its validity and enforceability under the Fair Work Act.

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