Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 58

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/5263)

EAST COAST STEEL FABRICATION PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 9 JANUARY 2023

Application for approval of the East Coast Steel Fabrication 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 East Coast Steel Fabrication 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 16 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 matter before the court involved an application for the approval of an agreement relating to a construction project. The applicant was the Construction, Forestry, Maritime, Mining and Energy Union, and the subject of the application was the East Coast Steel Fabrication Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The nature of the dispute was the union's application to have the agreement approved under the Industrial Relations Act 2016.

The legal issues the court was required to decide centred on whether the agreement met the criteria for approval under the relevant legislation. Specifically, the court had to determine if the agreement complied with the statutory requirements for protecting employees' rights and ensuring fair working conditions. This included assessing whether the agreement adequately addressed terms of employment, workplace health and safety, and the rights of employees to be free from discrimination.

In reaching its decision, the court examined the contents of the agreement in detail, considering both the specific terms and the broader context of the project. The court found that the agreement did not sufficiently address certain critical aspects of employee rights and protections, such as provisions for dispute resolution and adequate safeguards against unfair dismissal. These deficiencies meant that the agreement did not meet the statutory criteria for approval. Consequently, the court dismissed the union's application for approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established