Construction, Forestry and Maritime Employees Union

[2024] FWCA 4097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2732)

NORTH WEST COMMERCIAL INDUSTRIES (QLD) PTY LTD T/AS NWCI (QLD) PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 25 NOVEMBER 2024

Application for approval of the North West Commercial Industries (Qld) Pty Ltd T/As NWCI (QLD) 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 North West Commercial Industries (Qld) Pty Ltd T/As NWCI (QLD) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2024. The nominal expiry date of the Agreement is 1 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry and Maritime Employees Union and the employer, North West Commercial Industries (Qld) Pty Ltd T/As NWCI (QLD) Pty Ltd, regarding the approval of an industrial agreement for the Southern Queensland Correctional Precinct Stage 2 Project. The application was brought under the Fair Work Act 2009, seeking the court's approval of the proposed agreement. The legal issues at hand revolved around whether the agreement met the necessary requirements under the Fair Work Act and the Fair Work Regulations 2009, including compliance with the substantive and procedural fairness provisions.

The court examined the application meticulously to determine whether the agreement was fair and appropriate, considering the balance of interests and the fairness of the terms. The court considered the union's and employer's submissions and the procedural fairness in reaching the agreement. It assessed whether the agreement addressed the employees' needs and interests adequately and if it was negotiated in good faith. The court also evaluated if the agreement provided sufficient protections and benefits to the employees, ensuring it did not cause detriment to the employees.

Upon thorough analysis, the court found that the agreement was fair and appropriate. The agreement was deemed to meet the necessary criteria under the Fair Work Act and the Fair Work Regulations. The court was satisfied with the procedural fairness demonstrated in reaching the agreement and the balance of interests represented. Consequently, the court approved the agreement, recognising its fairness and appropriateness for the employees involved in the Southern Queensland Correctional Precinct Stage 2 Project. The court's approval ensures that the agreement can now proceed as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established