Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 3724

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4370)

TNP Plastering Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 OCTOBER 2022

Application for approval of the TNP Plastering Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

An application has been made for approval of a greenfields agreement known as the TNP Plastering Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018 (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, 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 4 November 2022. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union and TNP Plastering Pty Ltd. The union sought approval of a collective agreement pertaining to the Queensland Wharf Project, and the Commission was tasked with determining whether the agreement met the necessary legal standards. The primary focus was on whether the agreement complied with relevant provisions of the Fair Work Act 2009, particularly those concerning the avoidance of industrial action, and whether it provided fair and reasonable terms for the employees.

The central legal issues revolved around the compliance of the agreement with the statutory framework set by the Fair Work Act. Specifically, the Commission examined whether the agreement adequately avoided industrial action, as mandated by section 235 of the Act. Furthermore, the Court needed to assess whether the agreement contained provisions that were fair and reasonable in all respects, as required by section 231. The interpretation of these sections and their application to the specific terms of the agreement were critical to the decision.

In its reasoning, the Fair Work Commission determined that the collective agreement substantially complied with the legislative requirements. The agreement was found to sufficiently address the avoidance of industrial action and included terms that were fair and reasonable for the employees involved. The Commission emphasised the importance of the agreement's provisions in promoting harmonious workplace relations and ensuring that the rights and obligations of both the employer and the employees were adequately balanced. As a result, the Commission approved the collective agreement, recognising its alignment with the statutory objectives and its potential to facilitate a productive working environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established