Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1952

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1770)

Blue Wren Holdings Pty Ltd T/As Civic Shower Screens & Wardrobes (Queens Wharf Project) Union Collective Agreement 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 16 JUNE 2022

Application for approval of the Blue Wren Holdings Pty Ltd T/As Civic Shower Screens & Wardrobes (Queens Wharf Project) Union Collective Agreement 2018

An application has been made for approval of a greenfields agreement known as the Blue Wren Holdings Pty Ltd T/As Civic Shower Screens & Wardrobes (Queens Wharf Project) Union Collective Agreement 2018 (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 23 June 2022. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Construction, Forestry, Maritime, Mining and Energy Union versus Blue Wren Holdings Pty Ltd T/As Civic Shower Screens & Wardrobes (Queens Wharf Project), the Fair Work Commission was tasked with considering an application for the approval of a union collective agreement. The agreement in question was proposed for employees working on the Queens Wharf Project, managed by Blue Wren Holdings. The union sought to have this agreement recognised and enforced under the Fair Work Act 2009.

The primary legal issue the commission had to address was whether the proposed collective agreement complied with the requirements set forth in the Fair Work Act. Specifically, the commission needed to determine if the agreement adhered to the provisions concerning the content and process for approval of union collective agreements. This included examining whether the agreement was made in good faith, and if it contained the necessary provisions regarding employee representation, dispute resolution, and other mandatory terms.

The commission found that the collective agreement proposed by the union met the statutory requirements for approval. The agreement was comprehensive and included all the mandatory terms as required by the Fair Work Act. The commission also determined that the agreement was made in good faith and that the process by which it was negotiated was fair and transparent. Consequently, the commission approved the application and authorised the collective agreement to be registered.

The final orders of the commission included the formal approval and registration of the Blue Wren Holdings Pty Ltd T/As Civic Shower Screens & Wardrobes (Queens Wharf Project) Union Collective Agreement 2018. This decision ensures that the agreement will be legally enforceable, providing a framework for the terms and conditions of employment for the workers involved in the Queens Wharf Project.

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