Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 3611

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/3359)

BEENLEIGH STEEL FABRICATIONS PTY LTD QTMP BUILDING PROJECT AGREEMENT 2024–2028

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 16 OCTOBER 2024

Application for approval of the Beenleigh Steel Fabrications Pty Ltd QTMP Building Project Agreement 2024–2028.

An application has been made for approval of a greenfields agreement known as the Beenleigh Steel Fabrications Pty Ltd QTMP Building Project Agreement 2024–2028 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (CFMEU) pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186, 187, 193 and 193A of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that CFMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with CFMEU and that the Agreement covers this organisation.

The Agreement was approved on 16 October 2024 and, in accordance with s.54, will operate from 23 October 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 Construction, Forestry and Maritime Employees Union (CF&MEU) filed an application for approval of the Beenleigh Steel Fabrications Pty Ltd QTMP Building Project Agreement 2024–2028 with the Fair Work Commission. The dispute centred on the terms and conditions of the agreement between the union and the employer, specifically concerning wage rates, working hours, and other employment conditions for workers involved in the building project.

The legal issues before the Fair Work Commission were whether the terms of the agreement complied with the requirements of the Fair Work Act 2009, and whether the agreement provided a safety net for the employees. The commission needed to determine if the agreement adequately protected the rights of employees, including minimum wage rates, reasonable working hours, and other terms that aligned with the safety net provided by the Fair Work Act.

The Fair Work Commission, after reviewing the application, found that the agreement contained terms that were generally in line with the provisions of the Fair Work Act. The commission noted that the agreement provided for a fair and equitable safety net, ensuring that employees were not disadvantaged in relation to their employment conditions. The commission approved the Beenleigh Steel Fabrications Pty Ltd QTMP Building Project Agreement 2024–2028, subject to certain conditions that aimed to ensure ongoing compliance with the Fair Work Act. The union and the employer were directed to adhere to the terms of the agreement and to maintain records as required by the Fair Work Ombudsman.

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