Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 1032

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/711)

QUEENSLAND GLASS PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 25 MARCH 2022

Application for approval of the Queensland Glass Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

An application has been made for approval of a greenfields agreement known as the Queensland Glass Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (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 1 April 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 parties involved in the dispute were the Construction, Forestry, Maritime, Mining and Energy Union and Queensland Glass Pty Ltd. The dispute related to the application for approval of the Queensland Glass Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The matter was heard in the Fair Work Commission. The primary legal issue that the court had to decide was whether the agreement should be approved despite the union's objections.

The Fair Work Commission considered the provisions of the Fair Work Act 2009 and the principles of good faith bargaining. The court examined the process through which the agreement was negotiated, the extent of the union's involvement, and the substance of the agreement itself. It was determined that while there were procedural shortcomings in the negotiation process, the agreement met the requirements for good faith bargaining and was fair and reasonable. The court found that the benefits provided to employees outweighed any procedural deficiencies.

The outcome of the decision was that the application for approval of the agreement was approved. The court acknowledged the procedural issues but concluded that they did not significantly impact the fairness and reasonableness of the agreement. The court's reasoning emphasised the importance of balancing procedural fairness with the need to facilitate efficient and effective workplace agreements. The final orders confirmed the approval of the Queensland Glass Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020, subject to the terms and conditions outlined in the decision.

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