DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/498)

QUADFORM CONCRETE CONSTRUCTIONS THE TRUSTEE T/AS QUADFORM CONCRETE CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 12 MARCH 2020

Application for approval of the QUADFORM CONCRETE CONSTRUCTIONS THE TRUSTEE T/As QUADFORM CONCRETE CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the QUADFORM CONCRETE CONSTRUCTIONS THE TRUSTEE T/As QUADFORM CONCRETE CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (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 19 March 2020. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Quadform Concrete Constructions, represented by its trustee, seeking approval for the Quadform Concrete Constructions Enterprise Agreement 2019 - 2020. The application was heard by the Fair Work Commission (FWC), an industrial relations tribunal in Australia. The union and the employer had reached an agreement on the terms of the enterprise agreement, but required the FWC's formal approval before it could be implemented.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions for the employees. This included assessing whether the agreement included provisions that were consistent with the FWC's 'better off overall test' and did not discriminate against employees in a way that was not justified. The Commission also needed to determine whether the agreement contained terms that were not consistent with the national workplace relations system, such as provisions that undermined the operation of the safety net or encouraged industrial action.

The FWC determined that the proposed agreement met the statutory requirements and provided fair and reasonable terms and conditions for the employees. The Commission found that the agreement was consistent with the better off overall test, as it provided for a range of benefits to employees, including wage increases and improved working conditions. The Commission also found that the agreement did not contain any discriminatory provisions and did not undermine the national workplace relations system. The FWC approved the agreement, subject to minor amendments to ensure compliance with the Act.

The FWC's decision resulted in the formal approval of the Quadform Concrete Constructions Enterprise Agreement 2019 - 2020, which now governs the employment terms and conditions of the employees covered by the agreement. The approval ensures that the employees will receive the benefits outlined in the agreement, including wage increases and improved working conditions, while also maintaining a fair and reasonable workplace environment.

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