Construction, Forestry and Maritime Employees Union

[2024] FWCA 3745

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2714)

COLEMANS HIGH SECURITY FENCING PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 28 OCTOBER 2024

Application for approval of the Colemans High Security Fencing 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 Colemans High Security Fencing 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.

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 4 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 the Colemans High Security Fencing Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Agreement 2024. The dispute arose in the Fair Work Commission, which was tasked with determining whether the agreement should be registered under the Fair Work Act 2009.

The central issue before the Commission was whether the agreement met the requirements of the Fair Work Act, specifically whether it was a simple or more complex agreement, and if it contained the necessary provisions for dispute resolution. The Commission also needed to assess whether the agreement was in the best interests of the employees and did not undermine public interest considerations.

The Commission found that the agreement was a simple agreement and contained appropriate provisions for dispute resolution. It concluded that the agreement was in the best interests of the employees and did not undermine public interest considerations. The Commission took into account the parties' bargaining positions, the terms of the agreement, and the potential impact on employees. The Commission determined that the agreement provided reasonable protections for employees and facilitated efficient dispute resolution.

As a result, the Fair Work Commission approved the agreement, allowing it to be registered and enforceable under the Fair Work Act. The decision provided clarity for the parties involved and set a precedent for similar agreements in the future. The Commission's approval of the agreement demonstrated its commitment to balancing the interests of employers and employees while upholding the principles of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established