Construction, Forestry and Maritime Employees Union

[2024] FWCA 3984

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2729)

EAST COAST STEEL FABRICATION PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 14 NOVEMBER 2024

Application for approval of the East Coast Steel Fabrication 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 East Coast Steel Fabrication 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 21 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 Construction, Forestry and Maritime Employees Union lodged an application with the Fair Work Commission for the approval of the East Coast Steel Fabrication Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024. The applicant argued that the proposed agreement was in the best interests of the employees covered by the agreement and met the criteria for approval under the Fair Work Act 2009. The respondents, the employer and the employees' representative, opposed the application on various grounds, including concerns about the agreement's terms and its alignment with the principles of enterprise bargaining.

The legal issues before the Commission were whether the proposed agreement met the criteria for approval under section 234 of the Fair Work Act 2009, including whether the agreement was in the best interests of the employees and complied with the principles of enterprise bargaining. The Commission also had to consider the arguments put forward by the respondents and determine whether the agreement adequately addressed their concerns.

In considering the application, the Commission examined the terms of the proposed agreement and the evidence provided by the parties. The Commission found that the agreement was in the best interests of the employees and complied with the principles of enterprise bargaining. The Commission was satisfied that the agreement provided fair and reasonable terms and conditions for the employees, and that it adequately addressed the concerns raised by the respondents. The Commission approved the agreement, noting that it was an appropriate and beneficial outcome for all parties involved.

The Commission's decision was that the East Coast Steel Fabrication Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024 be approved under section 234 of the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would come into effect on the date of registration. The respondents' objections to the application were dismissed, and the applicant's application for approval of the agreement was granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established