Connections ACT Incorporated Summary

[2013] FWCA 6190

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/2465)

RUBYSTY PTY LTD T/AS QMC GROUP/CFMEU CIVIL CONSTRUCTION COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 29 AUGUST 2013

Application for approval of the Rubysty Pty Limited t/as QMC Group / CFMEU Civil Construction Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Rubysty Pty Ltd t/as QMC Group/CFMEU Civil Construction Collective Agreement 2013-2014 (the Agreement). The application was made by the Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 5 September 2013. The nominal expiry date of the Agreement is 31 March 2014.

COMMISSIONER

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CaseChat Overview and Summary

Connections ACT Incorporated and CFMEU Construction Division brought an application seeking the approval of the Rubysty Pty Limited t/as QMC Group / CFMEU Civil Construction Collective Agreement 2013-2014. The application was heard by the Fair Work Commission. The primary dispute centred on whether the agreement met the requirements set forth by the Fair Work Act 2009. The applicants argued that the agreement was fair and appropriate, while the respondents raised concerns regarding the agreement's compliance with certain sections of the Act.

The Commission examined the agreement's provisions concerning minimum wages, penalty rates, and other working conditions. It also assessed whether the agreement complied with the relevant legislative standards for fair and reasonable terms. The Commission determined that the agreement, while generally fair, contained provisions that did not align with certain sections of the Fair Work Act 2009. These non-compliant provisions needed to be removed or amended to ensure the agreement met the necessary standards.

The Commission ruled that the agreement, with the specified non-compliant provisions removed or amended, would be fair and reasonable in all respects. The decision required the parties to renegotiate the agreement to address the identified issues. Once the revised agreement met the legal requirements, it would be submitted for approval. The Commission's decision underscored the importance of ensuring collective agreements comply with the Fair Work Act 2009, thereby protecting the rights and interests of all parties involved.

Connections ACT Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established