Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 654

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/235)

DELTA PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 FEBRUARY 2025

Application for approval of the Delta Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024

An application has been made for approval of an enterprise agreement known as the Delta Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024. The application was made pursuant to s.185 of the Fair Work Act 2009. It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 5 December 2024 and the Agreement was made on 23 January 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 26 February 2025. The nominal expiry date of the Agreement is 1 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of the Fair Work Commission, the Construction, Forestry and Maritime Employees Union applied for the approval of the Delta Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024. The union sought to ensure that the agreement was fair and appropriate in terms of the employees' rights and obligations under the Fair Work Act 2009. The primary concern was to ascertain whether the agreement met the statutory requirements for approval and whether it was consistent with the principles of industrial fairness.

The central legal issues before the Commission were whether the agreement complied with the statutory criteria set out in the Fair Work Act and whether it was consistent with the broader principles of industrial fairness. Specifically, the Commission had to consider if the agreement adequately provided for the rights, benefits, and obligations of the employees involved in the project, and if it was negotiated in good faith. Additionally, the Commission needed to determine whether the agreement facilitated efficient and productive workplace relations.

The Commission carefully reviewed the provisions of the agreement and the evidence presented by both parties. It found that the agreement was comprehensive and met the necessary criteria for approval. The Commission was satisfied that the agreement was negotiated in good faith and that it provided for the employees' rights and obligations in a fair and balanced manner. It concluded that the agreement was consistent with the principles of industrial fairness and met the statutory requirements for approval under the Fair Work Act.

As a result, the Commission approved the Delta Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024. The approval ensures that the agreement will now govern the employment conditions of the employees involved in the project, providing a framework that balances the interests of the employer and the employees.

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