Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2970

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/3019)

THE TRUSTEE FOR SEYMOURS FAMILY TRUST T/AS SEYMOURS BUILDING AND CONSTRUCTION GOLD COAST LIGHT RAIL STAGE 3 PROJECT AGREEMENT

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 14 SEPTEMBER 2023

Application for approval of The Trustee for Seymours Family Trust T/As Seymours Building and Construction Gold Coast Light Rail Stage 3 Project Agreement

An application has been made for approval of an enterprise agreement known as THE TRUSTEE FOR SEYMOURS FAMILY TRUST T/AS SEYMOURS BUILDING AND CONSTRUCTION GOLD COAST LIGHT RAIL STAGE 3 PROJECT AGREEMENT (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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2023. The nominal expiry date of the Agreement is 21st September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for the approval of the Agreement between The Trustee for Seymours Family Trust trading as Seymours Building and Construction and the CFMEU. The agreement related to the Gold Coast Light Rail Stage 3 Project. The dispute arose from a proposed change in the work arrangements of the workers employed on the project. The dispute was brought before the Fair Work Commission.

The legal issues before the Commission were whether the proposed changes were reasonable and, if so, whether they should be approved under the Fair Work Act 2009. The CFMEU argued that the changes were not reasonable as they would adversely affect the workers' conditions. On the other hand, the employer argued that the changes were necessary to improve efficiency and productivity on the project.

After considering the submissions of both parties, the Commission found that the proposed changes were reasonable. The Commission was satisfied that the changes would not have a significant adverse effect on the workers' conditions and that they were necessary to improve efficiency and productivity on the project. The Commission also noted that the parties had engaged in good faith negotiations and had reached an agreement that was in the best interests of both parties. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the agreement between The Trustee for Seymours Family Trust trading as Seymours Building and Construction and the CFMEU for the Gold Coast Light Rail Stage 3 Project. The Commission found that the proposed changes were reasonable and did not have a significant adverse effect on the workers' conditions. The approval of the agreement was made under section 234 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established