Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 7346

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/9130)

FINE LINE COMMERCIAL INTERIOR LINING PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 DECEMBER 2021

Application for approval of the Fine Line Commercial Interior Lining Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

[1] An application has been made for approval of an enterprise agreement known as the Fine Line Commercial Interior Lining 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). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 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 case involved the Construction, Forestry, Maritime, Mining and Energy Union, which applied for approval of a collective agreement with Fine Line Commercial Interior Lining Pty Ltd concerning the Queens Wharf Project. The Fair Work Commission was the court tasked with deciding the matter. The central legal issues revolved around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement complied with the formal requirements, and whether it adhered to the good faith bargaining provisions.

The Commission evaluated the procedural fairness of the bargaining process and examined the substantive terms of the agreement. It considered whether the agreement met the criteria for approval, including provisions related to wages, conditions, and dispute resolution mechanisms. The court also assessed whether the agreement was made in good faith, taking into account the parties' conduct during the bargaining process. Ultimately, the Commission found that the agreement satisfied all necessary statutory requirements and was made in good faith. Consequently, the Fair Work Commission approved the Fine Line Commercial Interior Lining Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018.

The court's decision was grounded in a thorough analysis of the bargaining process and the terms of the agreement. The Commission highlighted that the union and the employer had engaged in meaningful discussions and had reached a consensus on the terms. The agreement was deemed to be fair and reasonable, providing appropriate protections for the employees involved. The Commission concluded that the agreement met all legislative requirements and was approved in the interest of maintaining fair and productive industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established