Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 5820

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6994)

FACADE & ROPE ACCESS PTY LTD T/AS TRADIES ON ROPES (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 SEPTEMBER 2021

Application for approval of the Facade & Rope Access Pty Ltd T/As Tradies on Ropes (Queens Wharf Project) Union Collective Agreement 2018

[1] An application has been made for approval of a greenfields agreement known as the Facade & Rope Access Pty Ltd T/As Tradies on Ropes (Queens Wharf Project) Union Collective Agreement 2018 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, 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 of the Act, will operate from 21 September 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 Fair Work Commission was an application for approval of a Union Collective Agreement between Facade & Rope Access Pty Ltd, trading as Tradies on Ropes, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement pertained to the Queens Wharf Project and was proposed to be covered under the Fair Work Act 2009. The CFMEU sought approval for the agreement which outlined terms and conditions for employees engaged in the project. The application was contested by the employer, who raised concerns about certain provisions of the agreement.

The legal issues before the Commission centred around the compliance of the proposed agreement with the Fair Work Act. Specifically, the employer contested whether certain provisions of the agreement met the requirements for authorisation under the Act, including whether they were within the scope of the agreement, whether they adhered to the criteria for good faith bargaining, and whether they complied with the provisions of the Act that aim to promote harmonious, productive, and cooperative workplace relations.

In delivering its decision, the Commission considered the arguments presented by both parties. It examined the provisions of the Fair Work Act that govern the approval of union collective agreements, including sections that relate to good faith bargaining and the content of such agreements. The Commission found that while some provisions raised concerns, the majority of the agreement was consistent with the statutory requirements. The Commission was satisfied that the agreement promoted harmonious, productive, and cooperative workplace relations, and it approved the application subject to minor modifications to certain provisions. The modifications were aimed at ensuring the agreement met all statutory requirements and did not compromise the intended purpose of the Act.

The Fair Work Commission approved the Union Collective Agreement with the specified modifications. The employer was directed to implement the agreement in accordance with the Commission's decision. The CFMEU was also directed to provide the employer with a copy of the approved agreement and ensure that all employees were informed of the terms and conditions contained within it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established