Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2678

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2710)

USHER AND SON COMMERCIAL COATINGS PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 22 AUGUST 2023

Application for approval of the Usher and Son Commercial Coatings Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the Usher and Son Commercial Coatings Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022 (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 29 August 2023. The nominal expiry date of the Agreement is 1 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a Union Collective Agreement between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Usher and Son Commercial Coatings Pty Ltd (Usher). The dispute centred on the terms of the proposed agreement, specifically whether the agreement met the requirements of the Fair Work Act 2009 for approval. The court in this instance was the Fair Work Commission, which has jurisdiction over matters concerning workplace agreements and industrial relations in Australia.

The legal issues that the Commission had to decide included whether the proposed agreement was a "single interest" agreement as defined by section 234 of the Act, and whether the agreement complied with the relevant provisions of the Act, particularly those concerning bargaining and the content of the agreement. Additionally, the Commission considered whether the agreement was made in good faith and whether it met the requirements for certification and registration under the Act.

In reaching its decision, the Commission examined the process by which the agreement was negotiated and the content of the agreement itself. The Commission found that the agreement was indeed a "single interest" agreement and that it was made in good faith. Furthermore, the Commission determined that the agreement complied with the requirements of the Act and was therefore eligible for approval and registration. The Commission emphasised the importance of the negotiation process and the adherence to the Act’s provisions in reaching this conclusion.

The Commission approved the Usher and Son Commercial Coatings Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022, certifying it as a registered agreement under the Fair Work Act 2009. This decision allows the agreement to come into effect and be legally binding on the parties involved, providing a framework for the employment relationship between Usher and the CFMEU.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established