Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6690

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8175)

JR COMMERCIAL WATERPROOFING PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 15 NOVEMBER 2021

Application for approval of the JR Commercial Waterproofing Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

[1] An application has been made for approval of a greenfields agreement known as the JR Commercial Waterproofing 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.

[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. 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 22 November 2021. The nominal expiry date of the Agreement is 1 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry, Maritime, Mining and Energy Union v JR Commercial Waterproofing Pty Ltd, the union sought approval of an enterprise agreement affecting workers employed on the Southern Queensland Correctional Precinct Stage 2 Project in Greenfields. The application for approval was made under the Fair Work Act 2009, and the dispute was heard by the Fair Work Commission. The union argued that the proposed agreement would adequately protect the rights and interests of the employees, while the employer contended that certain provisions of the agreement were not in line with the requirements of the Act.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and if it complied with the statutory obligations under the Fair Work Act. Specifically, the Commission had to consider whether the agreement's provisions were consistent with the protection of employees' rights and interests, including their right to be free from adverse action for asserting their rights under the Act, and whether the agreement contained the mandated minimum terms and conditions of employment as set out in the Act.

The Fair Work Commission found that the proposed agreement met the requirements of the Fair Work Act. The Commission noted that the agreement contained the mandated minimum terms and conditions and provided for the protection of employees' rights and interests, including their right to be free from adverse action. The Commission was satisfied that the agreement was fair and reasonable, taking into account the interests of both the employees and the employer, and approved the application for the agreement's registration.

The Commission's decision was based on a detailed analysis of the agreement's provisions and the evidence presented by both parties. The Commission found that the agreement was consistent with the principles of the Fair Work Act and provided for fair and reasonable terms and conditions of employment. The Commission also considered the potential impact of the agreement on the employees and the employer, and determined that the benefits of the agreement outweighed any potential detriments. As a result, the Fair Work Commission approved the application for the registration of the JR Commercial Waterproofing Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020.

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