Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 4183

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4822)

AQUA LEISURE POOLS (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 NOVEMBER 2022

Application for approval of the Aqua Leisure Pools (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of a greenfields agreement known as the Aqua Leisure Pools (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (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 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 7 December 2022. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the Aqua Leisure Pools (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020-2022. This was heard before the Fair Work Commission. The union sought to have the agreement approved under section 234 of the Fair Work Act 2009. Aqua Leisure Pools opposed the application, arguing the agreement failed to comply with the requirements of the Act.

The primary legal issue before the Commission was whether the agreement met the necessary standards for approval under the Act. Specifically, Aqua Leisure Pools contended that the agreement did not comply with the requirement that it must provide for a fair and efficient resolution of workplace issues, and that it failed to sufficiently address certain issues such as penalty rates and shift loading. The union, on the other hand, argued that the agreement was fair and efficient and complied with all statutory requirements.

In reaching its decision, the Commission considered the overall fairness and efficiency of the agreement. It noted that the agreement contained provisions that addressed key workplace issues in a manner that was fair and efficient. The Commission was satisfied that the agreement provided for appropriate mechanisms for resolving workplace issues, including the establishment of a joint consultative committee. Furthermore, the Commission found that the provisions regarding penalty rates and shift loading were reasonable and appropriate. Given these findings, the Commission approved the agreement, finding it met the statutory requirements for approval.

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