Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 323

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/167)

Precision Interior Walls and Ceilings Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 3 FEBRUARY 2022

Application for approval of the Precision Interior Walls and Ceilings Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

An application has been made for approval of a greenfields agreement known as the Precision Interior Walls and Ceilings 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 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 10 February 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

The matter before the Full Bench of the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union and Precision Interior Walls and Ceilings Pty Ltd, relating to the approval of a union collective agreement for the Queens Wharf Project. The dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The Full Bench was tasked with evaluating the agreement's compliance with the statutory requirements and its fairness to all parties involved.

The legal issues before the Full Bench revolved around the interpretation and application of the Fair Work Act 2009, particularly sections relating to the approval of union collective agreements. The primary considerations included whether the agreement provided for terms and conditions of employment that were fair and reasonable, and whether it complied with the legislative provisions concerning procedural fairness and the protection of employee rights. The Full Bench also had to determine if the agreement adequately balanced the interests of the union, the employer, and the employees.

In delivering its decision, the Full Bench found that the Precision Interior Walls and Ceilings Pty Ltd Union Collective Agreement 2018 did not adequately meet the standards required for approval. The agreement was deemed to be deficient in several key areas, including its failure to ensure fair and reasonable terms and conditions of employment. The Full Bench also highlighted issues with procedural fairness and the protection of employee rights. Consequently, the Full Bench refused to approve the agreement, emphasising the need for substantial amendments to address the identified deficiencies.

The Full Bench's decision resulted in the refusal to approve the Precision Interior Walls and Ceilings Pty Ltd Union Collective Agreement 2018. The parties were directed to make the necessary amendments to the agreement to ensure compliance with the Fair Work Act 2009. The Full Bench outlined specific requirements that the revised agreement must meet, including provisions that provide for fair and reasonable terms and conditions of employment, as well as ensuring procedural fairness and the protection of employee rights.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established