Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 950

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/683)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 22 MARCH 2022

Application for approval of the United Personnel 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 United Personnel 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 29 March 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

In the Federal Court of Australia, the Construction, Forestry, Maritime, Mining and Energy Union brought an application seeking to overturn the Fair Work Commission's decision to approve the United Personnel Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. The union argued that the agreement did not comply with the Fair Work Act 2009 in several respects. The main contention was that the agreement failed to adequately protect the rights of employees and did not provide sufficient safeguards against unfair dismissals.

The central legal issues before the court involved interpreting the provisions of the Fair Work Act and determining whether the agreement met the statutory requirements for approval. Specifically, the court needed to assess if the agreement provided for adequate protections for employees, if it was made in good faith, and if it was covered by a certified agreement. The union contended that the agreement did not sufficiently protect employees' rights and failed to meet the standards set by the Act.

The court found that the union's concerns regarding the agreement's compliance with the Fair Work Act were unfounded. It held that the agreement was appropriately made in good faith and provided adequate protections for employees. The court found that the agreement met all necessary statutory requirements and, as such, the application for overturning the approval of the agreement was dismissed. The decision reaffirmed the importance of ensuring that enterprise agreements adhere to the legislative framework designed to protect employee rights while also facilitating efficient workplace relations.

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