Construction, Forestry and Maritime Employees Union

[2024] FWCA 3990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2733)

R2 QLD PTY LTD T/AS ROBRAND FINAL CLEAN SPECIALISTS 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 R2 QLD Pty Ltd T/As Robrand Final Clean Specialists Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024

An application has been made for approval of an enterprise agreement known as the R2 QLD Pty Ltd T/As Robrand Final Clean Specialists 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the court, the Construction, Forestry and Maritime Employees Union sought approval for an enterprise agreement under the Fair Work Act 2009. The agreement in question pertained to the R2 QLD Pty Ltd T/As Robrand Final Clean Specialists Southern Queensland Correctional Precinct Stage 2 Project. The application was heard and determined by the Fair Work Commission. The legal issues before the court centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees covered by the agreement. The court had to examine whether the agreement met the statutory criteria for approval, including provisions on minimum wages, conditions of employment, and the protection of employee rights.

The court undertook a detailed analysis of the proposed agreement, considering the submissions from both the union and the employer. It evaluated the agreement's provisions against the legislative framework, focusing on whether the agreement provided fair and reasonable terms for the employees. The court also assessed whether the agreement was likely to improve the terms and conditions of employment for the workers involved. After thorough examination, the court determined that the agreement met the necessary criteria and was in the best interests of the employees. The court found that the proposed agreement provided fair and reasonable terms for the workers and would likely improve their conditions of employment.

Consequently, the Fair Work Commission approved the R2 QLD Pty Ltd T/As Robrand Final Clean Specialists Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024. The decision was grounded in the court's finding that the agreement complied with the requirements of the Fair Work Act and was beneficial to the employees. This outcome ensures that the terms and conditions set out in the agreement are legally binding and provide a framework for fair employment practices within the specified project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established