Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4437)

TJMS LABOUR PTY LTD QTMP BUILDING PROJECT AGREEMENT 2024 - 2028

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 DECEMBER 2024

Application for approval of the TJMS Labour PTY LTD QTMP Building Project Agreement 2024 - 2028

An application has been made for approval of a greenfields agreement known as the TJMS Labour PTY LTD QTMP Building Project Agreement 2024 - 2028 (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 11 December 2024. The nominal expiry date of the Agreement is 2 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry and Maritime Employees Union and TJMS Labour PTY LTD, with the dispute centering around the approval of a labour agreement. This matter was heard in the Fair Work Commission, the relevant industrial relations tribunal. The union sought to have the proposed agreement, which covered the period 2024 to 2028, approved under the Fair Work Act 2009. The legal issues the court had to address included whether the agreement met the requirements for approval as a transitional agreement and if it was in the best interests of the employees involved.

The court examined the provisions of the Fair Work Act and relevant regulations to determine whether the agreement was appropriately structured and aligned with legislative standards. It considered whether the agreement provided fair and reasonable terms for the employees and whether it was negotiated in good faith. The court also assessed the impact of the agreement on the employees' working conditions and whether it met the broader objectives of the Act, such as promoting productivity and fairness in the workplace.

After thorough consideration, the Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The court concluded that the agreement provided fair and reasonable terms for the employees, was negotiated in good faith, and aligned with the objectives of the Fair Work Act. The Commission approved the agreement, recognising it as beneficial for both the employer and the employees, and likely to promote harmonious workplace relations.

The final orders included the approval of the TJMS Labour PTY LTD QTMP Building Project Agreement 2024 - 2028, subject to the terms and conditions specified in the agreement. The decision ensures that the agreement will be in effect, providing a framework for industrial relations between the union and the employer during the specified period.

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