Construction, Forestry and Maritime Employees Union

[2024] FWCA 3983

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2722)

DE MARTIN & GASPARINI QUEENSLAND 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 De Martin & Gasparini Queensland 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 De Martin & Gasparini Queensland 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 sought approval for an enterprise agreement, which was the subject of a dispute involving De Martin & Gasparini Queensland Pty Ltd. The case was heard in the Fair Work Commission, where the union aimed to secure the agreement for the Southern Queensland Correctional Precinct Stage 2 Project. The legal issues centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether the agreement was in the best interests of the employees and if it complied with the good faith bargaining obligations.

The Commission examined the agreement's provisions, the process by which it was negotiated, and whether it provided fair terms and conditions for the employees. It was crucial to assess if the agreement appropriately balanced the interests of the employer and employees. The union argued that the agreement was fair and had been negotiated in good faith, while the employer raised concerns about certain provisions impacting operational efficiency and cost-effectiveness. The Commission considered submissions from both parties and relevant statutory provisions.

After thorough analysis, the Fair Work Commission found that the agreement generally met the statutory requirements and was in the best interests of the employees. The Commission determined that the agreement was the product of good faith bargaining and provided fair and reasonable terms and conditions. The employer's concerns were addressed in a manner that did not undermine the overall fairness of the agreement. Consequently, the Commission approved the enterprise agreement, paving the way for its implementation in the Southern Queensland Correctional Precinct Stage 2 Project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established