Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 642

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/333)

Master Floor Coverings (QLD) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 FEBRUARY 2022

Application for approval of the Master Floor Coverings (QLD) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

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

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 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 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 of the Act, will operate from 2 March 2022. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and Master Floor Coverings (QLD) Pty Ltd (Master Floor Coverings). The agreement, titled the Master Floor Coverings (QLD) Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, was being sought under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for employees working on the Queens Wharf Project, including wages, hours of work, and other employment-related matters.

The primary legal issue before the Commission was whether the collective agreement met the statutory requirements for approval under the Fair Work Act. The Commission had to consider whether the agreement provided for the terms and conditions of employment of the employees covered by the agreement, and whether it complied with the good faith bargaining provisions of the Act. Additionally, the Commission needed to determine if the agreement was in the best interests of the employees it covered, and whether it was consistent with the principles of the national workplace relations system.

In making its decision, the Commission examined the terms of the agreement and the process by which it was negotiated. The Commission found that the agreement provided for the terms and conditions of employment of the employees covered by the agreement, and that it was the product of good faith bargaining. The Commission also found that the agreement was in the best interests of the employees it covered, and that it was consistent with the principles of the national workplace relations system. The Commission approved the agreement, and it came into effect on the date of the decision. The parties were ordered to take all necessary steps to give effect to the approved agreement, and to ensure that it was implemented in accordance with its terms.

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