DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6125)

Q3 GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 JULY 2021

Application for approval of the Q3 Group and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Q3 Group and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The CFMMEU, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 23 July 2021 and, in accordance with s 54, will operate from 30 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for approval of an Enterprise Agreement (EA) between the Q3 Group and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023. The application was heard in the Fair Work Commission, a tribunal established under the Fair Work Act 2009 to oversee and regulate workplace relations in Australia. The Commission was required to determine whether the EA met the statutory requirements for approval, including compliance with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009.

The key legal issues before the Commission were whether the EA was fairly negotiated, if it complied with the prescribed legislative requirements, and if it would achieve the appropriate balance between the parties' interests. The Commission considered the process through which the EA was negotiated, whether the union had the requisite authorisation to act on behalf of the employees, and the contents of the EA itself, including the provisions on wages, conditions, and dispute resolution mechanisms. Additionally, the Commission examined if the EA would promote harmonious, productive, and cooperative workplace relations.

The Commission found that the EA was fairly negotiated, in accordance with the requirements of the Fair Work Act. The union demonstrated appropriate authorisation to negotiate on behalf of the employees, and the EA contained provisions that would promote harmonious, productive, and cooperative workplace relations. The Commission also considered that the EA provided for a fair and reasonable balance of the parties' interests. In light of these findings, the Commission approved the EA, thereby allowing it to come into effect on the specified date.

As a result of the approval, the Fair Work Commission issued a certificate of registration for the EA, making it a legally binding document between the Q3 Group and the relevant employees. The EA will now govern the terms and conditions of employment for the employees covered by the agreement for the duration of its validity.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established