Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6012

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7447)

BK COMMERCIAL CAULKING PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 27 SEPTEMBER 2021

Application for approval of the BK Commercial Caulking Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

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

[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 4 October 2021. 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 court involved the Construction, Forestry, Maritime, Mining and Energy Union, which sought approval of a union collective agreement pertaining to the Queens Wharf Project. The applicant, BK Commercial Caulking Pty Ltd, was engaged in the project and had entered into an agreement with the union. The Fair Work Commission heard the application.

The central legal issue before the court was whether the terms of the collective agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for the proper regulation of terms and conditions of employment, as required by the Act. The court also had to consider if the agreement met the criteria for being a "single, clear and complete" agreement that set out all the terms and conditions of employment.

In rendering its decision, the court examined the contents of the agreement and assessed whether it met the statutory requirements. The court found that the agreement was comprehensive and detailed, covering all the necessary terms and conditions of employment. The court also concluded that the agreement provided for the proper regulation of employment terms and conditions and was a "single, clear and complete" agreement as required by the Act. Based on these findings, the court approved the collective agreement.

The Fair Work Commission approved the BK Commercial Caulking Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The court's decision confirmed the agreement's compliance with the Fair Work Act 2009 and its suitability for regulating terms and conditions of employment for the project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established