Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 813

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/445)

RISSAFETY PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 6 MARCH 2024

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

An application has been made for approval of a greenfields agreement known as the RISSAFETY PTY LTD (Queens Wharf Project) Union Collective Agreement 2022 (the Agreement). The application was made by the 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 13 March 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 involved an application for the approval of a collective agreement between the Construction, Forestry and Maritime Employees Union and RISSAFETY PTY LTD for the Queens Wharf Project. The application was brought before the Fair Work Commission, which was asked to determine whether the agreement met the necessary requirements for approval under the Fair Work Act. The parties involved in the dispute were the union and the employer, with the union seeking to have the agreement recognised and enforced as a lawful document governing the employment conditions of workers on the Queens Wharf Project.

The key legal issues the court had to address were whether the agreement provided for a fair and efficient workplace, whether it adhered to the provisions of the Fair Work Act, and whether it complied with the requirements for an authorised union to negotiate on behalf of its members. Additionally, the court needed to determine if the agreement included all necessary provisions for the protection of employees' rights and whether it was in line with the broader objectives of the Fair Work Act, which seeks to promote harmonious, productive, and cooperative workplace relations.

In examining the agreement, the Fair Work Commission considered the provisions of the Fair Work Act and relevant case law. The court found that the agreement provided for a fair and efficient workplace by including provisions for wages, working conditions, dispute resolution mechanisms, and other essential terms and conditions of employment. The agreement was also found to be in compliance with the requirements of the Act and was negotiated by an authorised union. The court concluded that the agreement met all the necessary criteria for approval and was beneficial to both the union and the employer, as it provided a clear framework for the employment relationship and helped to avoid potential disputes.

The Fair Work Commission approved the RISSAFETY PTY LTD (Queens Wharf Project) Union Collective Agreement 2022, determining that it was fair, efficient, and in line with the objectives of the Fair Work Act. The court's decision provided certainty for both the union and the employer, as well as the employees working on the Queens Wharf Project, and helped to establish a stable and productive working environment. The approval of the agreement ensured that the terms and conditions of employment were clearly defined, and that any disputes that may arise could be resolved in an orderly and efficient manner.

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