DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1690)

MAINLAND CIVIL QUEENSLAND PTY LIMITED AND CFMEU CIVIL CONSTRUCTION UNION COLLECTIVE AGREEMENT 2018 - 2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 JUNE 2019

Application for approval of the Mainland Civil Queensland Pty Limited and CFMEU Civil Construction Union Collective Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Mainland Civil Queensland Pty Limited and CFMEU Civil Construction Union Collective Agreement 2018 - 2021 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

• Clause 15 - Casual Employment

However, noting clause 2 of the undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2019. The nominal expiry date of the Agreement is 2 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Mainland Civil Queensland Pty Limited, sought approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union Civil Construction Union. The application was brought before the Fair Work Commission, which must approve agreements that are not made under a registered agreement or an existing enterprise agreement. The agreement in question aimed to regulate the terms and conditions of employment for workers in the civil construction industry in Queensland. The legal issues that the Commission had to decide involved whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for a fair and reasonable outcome for both parties. The Commission also had to consider whether the agreement met the standards set by the Australian Building and Construction Commission's Codes of Conduct.

In determining the application, the Commission considered the terms of the agreement and whether they complied with the relevant provisions of the Fair Work Act 2009. The Commission found that the agreement met the requirements of the Act and provided for a fair and reasonable outcome for both parties. The Commission also found that the agreement met the standards set by the Australian Building and Construction Commission's Codes of Conduct. The Commission was satisfied that the agreement provided for appropriate mechanisms to resolve disputes and that it contained provisions that promoted productivity and efficiency in the workplace. The Commission also noted that the agreement provided for appropriate protections for employees, including provisions for minimum rates of pay, leave entitlements, and other benefits.

Based on the above considerations, the Commission approved the agreement. The applicant's application for approval of the Mainland Civil Queensland Pty Limited and CFMEU Civil Construction Union Collective Agreement 2018 - 2021 was granted. The agreement will now be registered and will apply to all employees of Mainland Civil Queensland Pty Limited who are members of the CFMEU Civil Construction Union. The agreement will remain in force until it is terminated or replaced by a new agreement. The Commission's decision provides clarity and certainty for both parties and ensures that the agreement meets the requirements of the Fair Work Act 2009 and the Australian Building and Construction Commission's Codes of Conduct.

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