Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 2931

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/3439)

Earth House Venetian Plastering Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 AUGUST 2022

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

An application has been made for approval of a greenfields agreement known as the Earth House Venetian 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, 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 2 September 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 matter before the Fair Work Commission involved an application for the approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union and Earth House Venetian Plastering Pty Ltd, concerning the Queens Wharf Project. The union sought to have the agreement recognised as a protected action agreement under the Fair Work Act. The dispute centred around whether the agreement met the statutory criteria for approval, specifically whether the agreement related to the terms and conditions of employment and had the support of a majority of the employees covered by the agreement.

The central legal issue before the court was whether the agreement fulfilled the requirements under section 235 of the Fair Work Act. This involved examining if the agreement genuinely represented the collective terms and conditions of employment for the employees and if it had been supported by a majority of those employees. Additionally, the court needed to determine if the agreement was necessary for the protection of employees' interests, in line with the provisions of the Fair Work Act.

The Fair Work Commission found that the agreement satisfied the statutory criteria. The agreement was supported by a majority of the employees, and it related directly to the terms and conditions of employment. The Commission also considered the necessity of the agreement for the protection of employees' interests and concluded that it was appropriate for the agreement to be approved. The Commission's decision was based on the detailed evidence provided by the union and the employer, which demonstrated that the agreement was a genuine and necessary instrument for the betterment of the employees' working conditions.

The final orders of the Commission were to approve the Earth House Venetian Plastering Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, recognising it as a protected action agreement under the Fair Work Act. The approval was contingent upon compliance with the terms of the agreement and the ongoing support of the majority of employees.

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