Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 1000

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/702)

Aspire Facades Group QLD Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 MARCH 2022

Application for approval of the Aspire Facades Group QLD Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018

An application has been made for approval of a greenfields agreement known as the Aspire Facades Group QLD 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 30 March 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 matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the Aspire Facades Group QLD Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018. The primary issue at hand was whether the agreement met the legal requirements for registration under the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement was consistent with the legislative framework governing industrial relations in Australia and did not contain any provisions that contravened the Act.

The central legal issues centred on the compliance of the agreement with the Fair Work Act, specifically whether the agreement was genuinely a collective bargaining outcome, and whether it contained any unlawful content. The Commission had to consider whether the agreement had been negotiated in good faith, whether it provided for a genuine resolution of the issues between the employer and the union, and whether any provisions within the agreement were contrary to public policy or fundamental principles of the Act. Additionally, the Commission examined whether the agreement included provisions that were unfair or oppressive to employees, or that provided for discriminatory treatment.

The Fair Work Commission found that the agreement met the necessary criteria for approval. It determined that the agreement was a genuine product of collective bargaining, reflecting a fair resolution of the issues between the parties. The Commission was satisfied that the agreement did not contain any unlawful content and was consistent with the Fair Work Act. It concluded that the agreement provided for fair and reasonable terms and conditions of employment and did not contravene any legislative provisions. The Commission approved the Aspire Facades Group QLD Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, recognising it as a valid and binding agreement under the Act.

The final orders of the Commission were to approve the Aspire Facades Group QLD Pty Ltd (Queens Wharf Project) Union Collective Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were bound by its terms and conditions as per the provisions of the Fair Work Act. This decision provided clarity on the legal requirements for approving collective agreements and reinforced the importance of ensuring that such agreements adhere to the principles of good faith bargaining and compliance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established