Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4047

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2743)

GVK QLD REO PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 20 NOVEMBER 2024

Application for approval of the GVK QLD Reo Pty Ltd Southern Queensland Correctional Precinct Stage 2 Agreement 2024

An application has been made for approval of an enterprise agreement known as the GVK QLD Reo 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 27 November 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union applied for the approval of the GVK QLD Reo Pty Ltd Southern Queensland Correctional Precinct Stage 2 Agreement 2024. The dispute involved the terms and conditions of employment for workers involved in the construction of a correctional precinct in southern Queensland. The Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for the fair and efficient determination of terms and conditions of employment, including minimum rates of pay and conditions such as leave entitlements and working hours. The Commission also needed to assess whether the agreement contained appropriate mechanisms for resolving disputes and provided for the protection of employees' rights. Furthermore, the Commission considered whether the agreement complied with the "better off overall test", ensuring that employees were not worse off under the agreement than they would be under the applicable awards or the general industrial relations system.

The Commission found that the agreement provided for the fair and efficient determination of terms and conditions, including adequate minimum rates of pay and conditions. The agreement included provisions for the resolution of disputes through established mechanisms and mechanisms for protecting employees' rights. The Commission was satisfied that employees would not be worse off under the agreement compared to the applicable awards or the general industrial relations system. As such, the Commission approved the agreement.

The Fair Work Commission approved the GVK QLD Reo Pty Ltd Southern Queensland Correctional Precinct Stage 2 Agreement 2024, finding that it met the necessary requirements under the Fair Work Act 2009.

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