Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1909

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1773)

THE TRUSTEE FOR EXTON FAMILY TRUST T/AS BRISBANE TILE & STONE SEALING (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 15 JUNE 2022

Application for approval of The Trustee for Exton Family Trust T/As Brisbane Tile & Stone Sealing (Queens Wharf Project) Union Collective Agreement 2018

An application has been made for approval of a greenfields agreement known as The Trustee for Exton Family Trust T/As Brisbane Tile & Stone Sealing (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 22 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

The case involves an application for approval of a collective agreement between the Construction, Forestry, Maritime, Mining and Energy Union and The Trustee for Exton Family Trust trading as Brisbane Tile & Stone Sealing in relation to the Queen's Wharf Project. The Fair Work Commission heard the matter and was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission needed to consider the fairness and appropriateness of the terms and conditions set out in the agreement.

The primary legal issue was whether the agreement complied with the requirements of the Fair Work Act, including the provision for the protection of employees' rights and interests. The Commission examined whether the agreement provided adequate protections for employees, including provisions on wages, hours of work, leave entitlements, and other conditions of employment. The court also considered whether the agreement adhered to the principles of good faith bargaining and whether it was fair and reasonable in all its terms.

In delivering its decision, the Commission found that the agreement largely complied with the requirements of the Fair Work Act. The agreement was deemed to provide appropriate protections for employees and included provisions that aligned with the principles of good faith bargaining. The Commission acknowledged that while some terms could be improved, the overall fairness of the agreement was not in question. Consequently, the Commission approved the collective agreement, recognising its value in providing a balanced framework for the employment relationship between the parties.

The Fair Work Commission approved the collective agreement, highlighting its compliance with the Fair Work Act and its alignment with the principles of good faith bargaining. The decision underscored the importance of fair and reasonable terms in employment agreements, ensuring that employees' rights and interests are adequately protected. The approval of the agreement signifies a resolution to the dispute and sets a precedent for future collective bargaining agreements in the industry.

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