Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 453

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/219)

Apex Facades Construction Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 FEBRUARY 2022

Application for approval of the Apex Facades Construction Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

An application has been made for approval of a greenfields agreement known as the Apex Facades Construction 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 18 February 2022. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union sought approval of the Apex Facades Construction Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The applicant argued the agreement was appropriate for the construction industry and would improve productivity and workplace harmony. The primary dispute was whether the agreement complied with relevant industrial laws and if it was suitable for the industry in question.

The court had to determine if the collective agreement adhered to the requirements of the Fair Work Act 2009. It needed to assess whether the agreement was made in good faith, and if it was appropriately certified by the Fair Work Commission. The court also needed to consider if the agreement's terms were appropriate and beneficial for the industry and the employees covered by it.

The court found that the agreement was made in good faith and was appropriately certified. It was also deemed to be appropriate for the industry, as it contained terms that were fair, reasonable, and conducive to improving productivity and workplace harmony. The court concluded that the agreement met the necessary requirements under the Fair Work Act 2009, and approved it. The court found that the agreement was suitable for the industry and would benefit the employees and employers covered by it.

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