DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/556)

QA CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 MARCH 2020

Application for approval of the QA CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the QA CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (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 statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 25 March 2020 and, in accordance with s 54, will operate from 25 March 2020. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union applied to the Fair Work Commission for approval of the QA CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020. The application was opposed by QA Construction, which raised concerns about the fairness and reasonableness of the agreement. The matter was heard by the Full Bench of the Fair Work Commission, comprising of Deputy President M. R. McCabe, Commissioner R. G. Mason, and Commissioner D. J. Williams.

The primary legal issue before the Commission was whether the Enterprise Agreement was fair and reasonable, taking into account the provisions of the Fair Work Act 2009. The Commission had to consider the overall balance of the agreement, the interests of the employees, and the potential impact on the employer. Additionally, the Commission needed to determine if the agreement complied with the procedural fairness requirements under the Fair Work Act.

The Full Bench of the Commission found that the Enterprise Agreement was fair and reasonable. The Commission acknowledged the need to balance the interests of the employees and the employer, and concluded that the agreement achieved this balance. The Commission also found that the agreement complied with the procedural fairness requirements, as it was the outcome of good faith bargaining between the parties. The Full Bench approved the Enterprise Agreement, noting that it provided for fair and reasonable terms and conditions for the employees of QA Construction. The Commission's decision was based on the overall balance of the agreement, the interests of the employees, and the potential impact on the employer.

The Fair Work Commission approved the Enterprise Agreement, finding it to be fair and reasonable. The Commission's decision was based on the overall balance of the agreement, the interests of the employees, and the potential impact on the employer. The Commission also found that the agreement complied with the procedural fairness requirements under the Fair Work Act. The Full Bench of the Commission, comprising of Deputy President M. R. McCabe, Commissioner R. G. Mason, and Commissioner D. J. Williams, approved the Enterprise Agreement, confirming its compliance with the relevant provisions of 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