Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 637

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/335)

Priest Group Bricklaying Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 23 FEBRUARY 2022

Application for approval of the Priest Group Bricklaying Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

An application has been made for approval of a greenfields agreement known as the Priest Group Bricklaying Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (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 2 March 2022. The nominal expiry date of the Agreement is 1 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry, Maritime, Mining and Energy Union and Priest Group Bricklaying Pty Ltd. The dispute centred around the application for the approval of the Priest Group Bricklaying Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The matter was heard in the Fair Work Commission. The legal issues that the court was required to decide were whether the agreement provided for terms and conditions that were no less favourable than the applicable award or registered agreement, and whether the agreement allowed for a proper balance between flexibility and fairness in the workplace.

The Fair Work Commission found that the agreement did provide for terms and conditions that were no less favourable than the applicable award or registered agreement. The Commission also found that the agreement allowed for a proper balance between flexibility and fairness in the workplace. The Commission was satisfied that the agreement provided for reasonable mechanisms for addressing disputes and that the agreement was not likely to undermine the protection provided by the applicable award or registered agreement. The Commission approved the application for the agreement.

The final orders of the court were that the Priest Group Bricklaying Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 be approved as a registered agreement. The agreement will now apply to the employees of Priest Group Bricklaying Pty Ltd who are involved in the Southern Queensland Correctional Precinct Stage 2 Project. The approval of the agreement ensures that the employees will be protected by the terms and conditions set out in the agreement, and that there is a proper balance between flexibility and fairness in the workplace.

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