Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 668

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/274)

EGANS PERSONNEL PTY LTD GOLD COAST LIGHT RAIL STAGE 3 PROJECT AGREEMENT

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 21 FEBRUARY 2024

Application for approval of the Egans Personnel Pty Ltd Gold Coast Light Rail Stage 3 Project Agreement

An application has been made for approval of an enterprise agreement known as the Egans Personnel Pty Ltd Gold Coast Light Rail Stage 3 Project Agreement (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 27 February 2024. The nominal expiry date of the Agreement is 20 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by the Construction, Forestry and Maritime Employees Union to have the Egans Personnel Pty Ltd Gold Coast Light Rail Stage 3 Project Agreement approved. The union sought approval for the agreement, which had been negotiated with the employer and aimed to establish terms and conditions for employees involved in the construction of the Gold Coast Light Rail Stage 3 project. The dispute centred around the terms and conditions, including wages, hours of work, and other employment-related matters, as set out in the proposed agreement.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement provided for terms and conditions that were no worse off financially and no better off financially than the applicable modern award. Furthermore, the Commission needed to consider whether the agreement was procedurally sound, having been negotiated in good faith and with genuine consultation.

In considering the application, the Commission examined the terms and conditions of the proposed agreement, comparing them to the relevant modern award. The Commission also took into account the evidence presented by the union and the employer regarding the negotiation process. After careful consideration of the arguments and evidence presented, the Commission concluded that the agreement met the criteria for approval. The Commission found that the agreement provided for terms and conditions that were no worse off financially and no better off financially than the applicable modern award, and that the agreement had been negotiated in good faith and with genuine consultation. Accordingly, the Commission approved the application for the Egans Personnel Pty Ltd Gold Coast Light Rail Stage 3 Project Agreement.

The final order of the Commission was that the proposed agreement be approved, effective from the date of the decision. The Commission's decision provided clarity and certainty for the parties involved in the construction of the Gold Coast Light Rail Stage 3 project, and ensured that the terms and conditions of employment were fair and reasonable for all parties.

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