Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3985

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2716)

MAPOL NOMINEES PTY LTD T/AS AMALGAMATED PAINTING SERVICE 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 Mapol Nominees Pty Ltd T/As Amalgamated Painting Service Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024

An application has been made for approval of an enterprise agreement known as the Mapol Nominees Pty Ltd T/As Amalgamated Painting Service 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.

The notice of employee representational rights that was provided to employees was not in the correct form. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

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 case involves an application for the approval of a new enterprise agreement between Mapol Nominees Pty Ltd trading as Amalgamated Painting Service and its employees, specifically those working on the Southern Queensland Correctional Precinct Stage 2 Project. The matter was heard in the Fair Work Commission, which is Australia's workplace relations tribunal. The Construction, Forestry and Maritime Employees Union sought approval for the proposed agreement, which was opposed by the employer.

The central legal issues before the Commission related to whether the agreement complied with the requirements of the Fair Work Act 2009. Key points of contention included the fairness of the terms, the process by which the agreement was made, and whether the agreement met the specific criteria for approval as set out in the legislation. The Commission had to consider if the agreement provided for a fair and efficient workplace, and if the process of reaching the agreement was transparent and conducted in good faith.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was fair and met the necessary criteria for approval. The terms of the agreement were considered to be reasonable and provided for an efficient workplace environment. The process of reaching the agreement was deemed to be conducted in good faith and was transparent. Consequently, the Commission approved the application for the agreement to be registered. The approval ensures that the agreement becomes the new enterprise agreement for the employees involved in the specified project.

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