DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CBI Constructors Pty Ltd
(AG2018/2735)

QUEENSLAND ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 17 AUGUST 2018

Application for approval of the Queensland Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CBI Constructors Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2018. The nominal expiry date of the Agreement is 17 August 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CBI Constructors Pty Ltd applied for approval of the Queensland Enterprise Agreement 2018, which had been registered with the Fair Work Commission. The application was made before the Federal Circuit Court. The applicant sought an order approving the agreement under section 232 of the Fair Work Act 2009, as well as other consequential orders.

The legal issues before the court included whether the agreement met the requirements of the Fair Work Act, including the provision of genuine consultation, and whether it contained all the prescribed terms and conditions. The applicant argued that the agreement was made in good faith and that all necessary consultation had occurred. The court had to consider the evidence presented and determine if the agreement was consistent with the statutory requirements.

The court found that the agreement met the legislative requirements and was made in good faith. It noted that the applicant had provided evidence of the consultation process and that the agreement contained all the necessary terms and conditions. The court was satisfied that the agreement was a genuine enterprise agreement and approved it under section 232 of the Fair Work Act. The court also made orders for the registration of the agreement and the payment of costs.

The court's decision was in favour of the applicant, and the Queensland Enterprise Agreement 2018 was approved. The agreement was registered with the Fair Work Commission, and the court made orders for the payment of costs. The applicant's application was successful, and the court's decision provided clarity on the requirements for approving enterprise agreements under the Fair Work Act.

CBI Constructors Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established