| [2022] FWCA 3745 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/4373)
SEQ Wallcoverings 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 SEQ Wallcoverings Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018
An application has been made for approval of a greenfields agreement known as the SEQ Wallcoverings 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, 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 4 November 2022. The nominal expiry date of the Agreement is 1 November 2022.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2022] FWCA 3745
- Case
- [2022] FWCA 3745
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the collective agreement was sufficiently comprehensive and fair to warrant approval. This required consideration of whether the agreement covered a significant proportion of the workforce in the relevant industry or enterprise and whether it complied with the "better off overall test" as stipulated in section 231(2) of the Fair Work Act. Additionally, the Commission had to examine whether the agreement provided appropriate protections and conditions for the employees involved.
In assessing the application, the Commission found that the agreement was comprehensive and covered a significant proportion of the workforce in the relevant industry. The Commission concluded that the agreement was fair and met the better off overall test, ensuring that employees were no worse off and in some cases better off than they would be under the applicable award or enterprise agreement. The Commission also noted that the agreement provided for appropriate dispute resolution mechanisms and included provisions for minimum working conditions that were deemed fair and reasonable. Consequently, the Commission approved the collective agreement.
The Fair Work Commission approved the SEQ Wallcoverings Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, recognising it as meeting the statutory requirements for approval under the Fair Work Act. The Commission's decision was based on the comprehensive coverage of the agreement, its compliance with the better off overall test, and the fairness of its provisions for employees.
Orders
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Background
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Evidence
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Decision
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