Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3749

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4385)

Rangedale QLD Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 31 OCTOBER 2022

Application for approval of the Rangedale 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 Rangedale QLD Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

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. In particular, 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(1) of the Act, will operate from 7 November 2022. The nominal expiry date of the Agreement is 1 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of the Rangedale QLD Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The dispute centred around the terms of the agreement concerning the employment conditions for workers involved in the construction of a correctional facility in Queensland. The commission was tasked with determining whether the agreement met the necessary standards for fair and equitable employment practices as prescribed under the Fair Work Act 2009.

The primary legal issues the commission had to address were whether the terms of the Greenfields Agreement were fair and reasonable, and if they complied with the Fair Work Act. This involved assessing the provisions related to wages, hours of work, leave entitlements, and other employment conditions. The commission also had to consider whether the agreement provided for a genuine collective bargaining process and if it would serve the interests of both the employer and the employees fairly.

After careful consideration of the arguments presented by both the union and the employer, the commission found that the agreement did not adequately address certain employment conditions and thus did not meet the requirements for approval. The commission concluded that some provisions were not sufficiently fair and reasonable, and that the agreement failed to provide for a genuine collective bargaining process. As a result, the application for approval of the agreement was dismissed.

The commission's decision was based on the findings that the agreement did not sufficiently protect employee interests and did not reflect a balanced outcome for both parties. The final orders of the commission were that the application for approval of the Rangedale QLD Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 be dismissed.

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