Construction, Forestry and Maritime Employees Union

[2024] FWCA 3780

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4064)

TOP END STEEL FIXING QLD PTY LTD QTMP BUILDING PROJECT AGREEMENT 2024-2028

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 NOVEMBER 2024

Application for approval of the Top End Steel Fixing QLD Pty Ltd QTMP Building Project Agreement 2024–2028

An application has been made for approval of an enterprise agreement known as the Top End Steel Fixing QLD Pty Ltd QTMP Building Project Agreement 2024–2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2024. The nominal expiry date of the Agreement is 2 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of an agreement made under the Building and Construction Industry (Industrial Relations) Act 2012. The parties involved were the Construction, Forestry and Maritime Employees Union, representing the employees, and Top End Steel Fixing QLD Pty Ltd, representing the employer. The nature of the dispute was the formal approval of the agreement, which covered terms and conditions of employment for the specified period. The matter was heard in the Fair Work Commission, which has the authority to approve such agreements under the Act.

The legal issues the court was required to decide centred around whether the agreement met the statutory requirements for approval. These requirements include ensuring that the agreement provides for fair and reasonable terms of employment, that it has been made in good faith, and that it does not undermine the provisions of the Act designed to protect employees' rights. The court needed to assess whether the agreement adhered to these statutory criteria and whether it provided adequate protections and benefits for the employees.

The court found that the agreement was comprehensive and addressed the key elements required for approval under the Act. It contained provisions that were fair and reasonable, including terms on wages, hours of work, leave entitlements, and other employment conditions. The court was satisfied that the agreement was made in good faith and did not undermine the Act's protective provisions. The agreement also included mechanisms for dispute resolution and provisions for employee representation, which were deemed adequate to meet the statutory requirements.

As a result, the court approved the agreement, confirming that it complied with the necessary legal standards and would provide a fair framework for the employment relationship between the union and the employer. This decision ensures that the agreement will be in effect for the period specified, providing certainty and protection for both parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established