Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 1199

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1101)

GRACE FF&E INSTALLATIONS PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 28 APRIL 2023

Application for approval of the Grace FF&E Installations Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of a greenfields agreement known as the Grace FF&E Installations Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022 (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).

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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made by the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 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 case involved the Construction, Forestry, Maritime, Mining and Energy Union seeking approval for a union collective agreement concerning the Grace FF&E Installations Pty Ltd (Queens Wharf Project). The Fair Work Commission was tasked with determining whether the agreement should be approved under the Fair Work Act 2009. The union argued that the agreement was necessary to address specific issues pertinent to the employees' working conditions and terms. The employer, on the other hand, contended that certain provisions of the agreement were not in the best interests of the business.

The primary legal issue before the Commission was whether the agreement, which contained certain provisions, was fair and balanced in its treatment of both the union and the employer. This involved assessing whether the agreement was in the best interests of the employees, while also considering the impact on the employer's business operations. The Commission had to weigh the need for the agreement to address specific issues against the potential negative consequences for the employer.

The Fair Work Commission found that the agreement was largely fair and balanced, taking into account the specific issues it sought to address. The Commission considered that the agreement was in the best interests of the employees, and that the potential negative consequences for the employer were not so significant as to outweigh the benefits of the agreement. The Commission approved the agreement, subject to certain modifications to address the employer's concerns. These modifications were designed to ensure that the agreement was fair and balanced, while also taking into account the employer's need to maintain business operations.

The final orders of the Commission included the approval of the union collective agreement, subject to the modifications made by the Commission. These modifications were designed to address the employer's concerns while maintaining the overall fairness and balance of the agreement. The Commission also made certain additional orders to ensure that the agreement was implemented in a timely and effective manner.

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