DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5498)

QUATTRO CONSTRUCTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 JUNE 2021

Application for approval of the Quattro Constructions Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Quattro Constructions Pty Ltd / CFMEU Collective Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Construction, Forestry, Maritime, 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for a collective agreement with Quattro Constructions Pty Ltd, covering the period from 2019 to 2023. The Fair Work Commission (FWC) was tasked with assessing whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary parties involved were the CFMEU, representing the employees, and Quattro Constructions Pty Ltd, representing the employer.

The legal issues before the FWC were whether the agreement complied with the requirements for approval, including whether it covered only registered organisations and bargaining matters, whether it allowed for the avoidance of industrial action, and whether it included provisions that were contrary to public policy or contrary to the objects of the Fair Work Act. The CFMEU argued that the agreement was necessary for the fair and efficient operation of the workplace, while Quattro Constructions Pty Ltd raised concerns about certain clauses within the agreement.

In its decision, the FWC found that the agreement generally met the statutory criteria for approval. The FWC concluded that the agreement was limited to matters that could be appropriately dealt with in a collective agreement and did not seek to avoid industrial action. However, the FWC did make several modifications to certain clauses to ensure they did not contravene public policy or the objects of the Act. The FWC ultimately approved the agreement with these modifications, balancing the interests of both the employees and the employer.

The FWC's final orders included the approval of the collective agreement with the modifications made to certain clauses. The agreement was deemed to be in the best interests of the employees and the employer, and was approved as a registered agreement under the Fair Work Act.

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