Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 897

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/566)

Intasign Group Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 15 MARCH 2022

Application for approval of the Intasign Group Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

An application has been made for approval of a greenfields agreement known as the Intasign Group Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

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. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union 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 the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 22 March 2022. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the Intasign Group Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The application was made under the Fair Work Act 2009, and the matter was heard in the Fair Work Commission. The nature of the dispute was primarily about whether the terms of the collective agreement met the legal requirements for approval and whether they were consistent with the objectives of the Fair Work Act.

The legal issues before the court centred on the validity of specific provisions within the collective agreement, particularly those concerning the terms of employment, the scope of the agreement, and whether it complied with the requirements of the Fair Work Act. The court had to consider whether the agreement was fairly and properly negotiated, if it met the criteria for being a genuinely independent agreement, and if the terms were consistent with the broader objectives of the Act, such as promoting economic prosperity and social inclusion.

The Fair Work Commission determined that the collective agreement was fairly and properly negotiated and met the criteria for approval. The court found that the terms of the agreement were consistent with the objectives of the Fair Work Act and that the agreement was genuinely independent. The court also noted that the agreement contained provisions that aligned with the broader principles of the Act, such as ensuring fair and reasonable terms and conditions of employment. Consequently, the Commission approved the application for the collective agreement to be registered.

The final orders of the court were that the Intasign Group Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 be approved and registered under the Fair Work Act. This decision confirmed the validity of the agreement, allowing it to be enforceable and applicable to the employees and employers involved in the Queens Wharf Project.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established