Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 234

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/64)

MASTER FLOOR PREPARERS (QLD) PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 24 JANUARY 2023

Application for approval of the Master Floor Preparers (Qld) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

An application has been made for approval of a greenfields agreement known as the Master Floor Preparers (Qld) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (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 with 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 31 January 2023. The nominal expiry date of the Agreement is 1 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement, specifically the Master Floor Preparers (Qld) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The applicant, Master Floor Preparers (Qld) Pty Ltd, sought approval of the agreement from the Fair Work Commission, which was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was heard in the Federal Court of Australia.

The central legal issue before the court was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and if it was made in good faith and without coercion. The CFMEU argued that certain provisions of the agreement were not fair and reasonable and had been made without genuine consultation.

The court found that the agreement was fair and reasonable and had been made in good faith. It held that the provisions challenged by the union did not fall outside the scope of what was considered fair and reasonable, given the specific circumstances of the project. The court also found that the process of consultation and negotiation had been genuine and that there was no evidence of coercion. Consequently, the application for approval was successful.

The final orders of the court were that the Master Floor Preparers (Qld) Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the court's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established