| [2024] FWCA 4002 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/2731)
QUEENSLAND GLASS PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2024
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 15 NOVEMBER 2024 |
Application for approval of the Queensland Glass 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 Queensland Glass 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 22 November 2024. The nominal expiry date of the Agreement is 1 January 2026.
COMMISSIONER
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- AGLC
- Construction, Forestry and Maritime Employees Union [2024] FWCA 4002
- Case
- [2024] FWCA 4002
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the agreement contained all the required terms under section 235 of the Fair Work Act and whether it satisfied the 'better off overall test' as stipulated in section 238. The CFMEU argued that the agreement provided fair and reasonable terms for the workers, while Queensland Glass Pty Ltd contended that the agreement was comprehensive and met all statutory requirements. The court had to determine if the agreement complied with the legislative requirements and if it offered employees terms that were at least as favourable as those they would have under applicable awards or agreements.
In its reasoning, the court found that the agreement included all the prescribed terms and conditions as required by section 235 of the Fair Work Act. The court examined each provision of the agreement and confirmed that it was comprehensive and met all the statutory requirements. The 'better off overall test' was also satisfied, as the court determined that the agreement provided employees with terms and conditions that were at least as favourable as those they would receive under applicable awards or agreements. Consequently, the court approved the Queensland Glass Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024, confirming its compliance with the Fair Work Act.
The final orders of the court included the approval of the Queensland Glass Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024. The agreement was certified as meeting all statutory requirements under section 235 of the Fair Work Act and was found to satisfy the 'better off overall test' under section 238. The court's approval of the agreement ensures that it can be registered with the Fair Work Commission, thereby providing a legally binding framework for the workers involved in the construction project.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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