Broad Construction Services (Qld) Pty Ltd T/A Broad Constructions

[2013] FWCA 4307

[2013] FWCA 4307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Broad Construction Services (Qld) Pty Ltd T/A Broad Constructions
(AG2013/1635)

BROAD CONSTRUCTION SERVICES (QLD) PTY LTD BUILDING AND CONSTRUCTION ENTERPRISE AGREEMENT (QLD & NT) 2012 - 2016

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 3 JULY 2013

Application for approval of the Broad Construction Services (Qld) Pty Ltd Building and Construction Enterprise Agreement (QLD & NT) 2012 - 2016.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 25 June 2013 by Broad Construction Services (Qld) Pty Ltd T/A Broad Constructions for the approval of a single-enterprise agreement known as the Broad Construction Services (Qld) Pty Ltd Building and Construction Enterprise Agreement (QLD & NT) 2012 - 2016 (“the Agreement”).

[2] In relation to clause 8.10 of the Agreement (“visa compliance”) which refers to apparent obligations upon the employer to do certain things where “temporary foreign labour” is engaged, I note that a recent decision of the Fair Work Commission 1 has found that a clause in such terms as clause 8.10 of the Agreement is not permitted content, and consequently, cannot impose the obligations upon the employer it seeks to impose.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union (“the CFMEU”), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMEU.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

 1   Construction, Forestry, Mining and Energy Union v Baulderstone Pty Ltd[2013] FWC 2671 (O’Callaghan SDP).

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