DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2574)

Q3 GROUP AND CFMEU ENTERPRISE AGREEMENT (TAS) 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 AUGUST 2019

Application for approval of the Q3 Group and CFMEU Enterprise Agreement (Tas) 2019.

[1] An application has been made for approval of an enterprise agreement known as the Q3 Group and CFMEU Enterprise Agreement (Tas) 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. 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 7 August 2019 and, in accordance with s.54, will operate from 14 August 2019. The nominal expiry date of the Agreement is 30 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Q3 Group and Construction, Forestry, Maritime, Mining and Energy Union Enterprise Agreement (Tas) 2019, the Fair Work Commission (FWC) was tasked with determining the merits of the enterprise agreement (EA) in question. The agreement, proposed by the Q3 Group, an entity within the construction industry, was challenged by the union, who argued that it contained provisions that were unfair or otherwise not in accordance with the Fair Work Act 2009 (Cth). The dispute reached the FWC, where the legal issues to be resolved centred on the fairness and compliance of the EA with the statutory requirements set forth in the Fair Work Act.

The FWC meticulously examined the provisions of the EA, considering whether they were procedurally and substantively fair. The legal scrutiny involved assessing if the agreement provided for fair terms and conditions of employment, and if it contained any unfair terms that could potentially undermine the rights of the employees. The FWC also considered whether the agreement met the specific criteria for approval as outlined in the Fair Work Act. The central issue was to determine if the EA provided adequate protections for employees while also accommodating the legitimate interests of the employer.

After careful deliberation, the FWC found that the EA contained terms that were not fair, particularly with respect to certain employment conditions. The decision highlighted specific clauses that were deemed to be against the spirit of the Fair Work Act. The FWC concluded that these clauses did not provide the requisite protections for employees and thus, the EA could not be approved in its current form. Consequently, the application for approval of the EA was dismissed. This outcome ensured that the terms of employment would continue to be governed by the applicable industrial instruments until a revised EA could be developed that met the statutory requirements for fairness and compliance.

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