Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4011

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2902)

KEYBUILD SERVICES PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 18 NOVEMBER 2024

Application for approval of the Keybuild Services 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 Keybuild Services 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 25 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

The matter before the court involved a union, the Construction, Forestry and Maritime Employees Union, which sought approval of an industrial agreement with Keybuild Services Pty Ltd, a construction company involved in the Southern Queensland Correctional Precinct Stage 2 Project. The union's application for approval of the Keybuild Services Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024 was contested by the Queensland Building and Construction Employees Union, who argued the agreement did not adequately protect workers' rights and conditions. The court was tasked with determining whether the proposed agreement met the legal requirements for approval under the relevant industrial relations laws.

The legal issues before the court centred on whether the agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions for employees, and whether it was consistent with the broader objectives of the industrial relations framework. The court had to consider whether the agreement sufficiently protected workers' rights, provided for fair wages and conditions, and complied with any relevant standards or regulations. Additionally, the court needed to assess whether the union had properly consulted with its members and whether the agreement was in the best interests of the employees it covered.

In delivering its decision, the court examined the terms of the proposed agreement in detail. It found that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, hours of work, leave entitlements, and other employment standards. The court concluded that the agreement was consistent with the objectives of the industrial relations system and did not disadvantage the employees. The court also determined that the union had adequately consulted with its members and that the agreement was in their best interests. Consequently, the court approved the agreement, finding it met the statutory criteria for approval under the relevant industrial relations laws.

The court's final order was to approve the Keybuild Services Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024, subject to the terms and conditions outlined in the decision. The approval was granted on the basis that the agreement provided for fair and reasonable terms and conditions for employees and was in their best interests. The Queensland Building and Construction Employees Union's objections were dismissed, and the union's application for approval was successful.

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