Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1793

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/1555)

PKF Pty Ltd T/As PKF QLD Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 JUNE 2022

Application for approval of the PKF Pty Ltd T/As PKF QLD Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

An application has been made for approval of a greenfields agreement known as the PKF Pty Ltd T/As PKF QLD Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (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 9 June 2022. The nominal expiry date of the Agreement is 1 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the PKF Pty Ltd T/As PKF QLD Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The applicant, PKF Pty Ltd, sought approval for the agreement from the Fair Work Commission. The agreement related to the construction of a correctional precinct in Queensland and involved negotiations between PKF Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the fairness and appropriateness of the terms and conditions outlined in the agreement.

The legal issues the court had to address included whether the terms and conditions of the Greenfields Agreement 2020 were fair and reasonable, and whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The court had to consider the impact of the agreement on the employees, the bargaining power of the parties, and the overall fairness of the agreement in the context of industrial relations.

The Fair Work Commission, after thorough examination of the application, found that the terms and conditions of the Greenfields Agreement 2020 were fair and reasonable. The Commission concluded that the agreement was appropriate for the project and that it met the necessary requirements under the Fair Work Act 2009. The Commission approved the application and authorised the Greenfields Agreement 2020 to be in effect for the specified period.

The court's decision was based on a detailed analysis of the agreement's provisions, the bargaining context, and the impact on the employees. The Commission found that the agreement provided adequate protections and benefits for the workers involved and that it was a fair outcome for both parties. The approval of the agreement was seen as necessary to facilitate the successful completion of the correctional precinct 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