Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6087

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7546)

USHER AND SON COMMERCIAL COATINGS PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 1 OCTOBER 2021

Application for approval of the Usher and Son Commercial Coatings 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 Usher and Son Commercial Coatings 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 8 October 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

The matter before the court involved the Construction, Forestry, Maritime, Mining and Energy Union, which sought approval for the Usher and Son Commercial Coatings Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The court was required to determine whether the terms of the agreement were fair and reasonable, in accordance with the applicable industrial relations legislation. The dispute centred on several provisions within the agreement, including the classification of employees, the determination of wages and conditions, and the dispute resolution mechanisms.

The primary legal issue before the court was whether the agreement met the statutory requirements for approval, specifically under section 234 of the Fair Work Act 2009. This involved examining the fairness and reasonableness of the agreement's provisions, particularly in light of the parties' bargaining power and the overall impact on the employees involved. The court also considered the implications of the agreement on the broader industrial relations framework and whether it complied with the principles of good faith bargaining.

After thorough examination of the agreement's provisions, the court found that the Usher and Son Commercial Coatings Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 was fair and reasonable. The court determined that the agreement met all necessary criteria under the Fair Work Act 2009, including the provisions regarding employee classification, wages and conditions, and dispute resolution. The court concluded that the agreement was in line with the principles of good faith bargaining and did not adversely affect the broader industrial relations framework. Consequently, the court approved the agreement.

The court's decision resulted in the formal approval of the Usher and Son Commercial Coatings Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The agreement was deemed to be fair and reasonable, and it was approved in accordance with the relevant industrial relations legislation. The court's ruling ensured that the agreement would be implemented, providing a framework for the employment terms and conditions of the employees involved in the project.

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