DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1712)

QUASAR CONSTRUCTIONS (COMMERCIAL) PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 JUNE 2019

Application for approval of the Quasar Constructions (Commercial) Pty Limited / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Quasar Constructions (Commercial) Pty Limited / CFMEU Collective Agreement 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] 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 12 June 2019. The nominal expiry date of the Agreement is 1 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union lodged an application for the approval of a collective agreement between Quasar Constructions (Commercial) Pty Limited and the union. The agreement aimed to establish terms and conditions of employment for employees working under the agreement. The union sought to have the agreement made a registered agreement under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement met the criteria for registration under the Fair Work Act, and whether the agreement was genuinely negotiated and reflected the interests of the employees. The Commission had to consider whether the agreement contained the minimum terms and conditions prescribed by the Act, and whether it was consistent with the principles of enterprise bargaining.

The Commission found that the agreement met the criteria for registration under the Fair Work Act. The agreement contained the minimum terms and conditions prescribed by the Act and was consistent with the principles of enterprise bargaining. The Commission was satisfied that the agreement had been genuinely negotiated and reflected the interests of the employees. The Commission approved the agreement and made it a registered agreement under the Fair Work Act.

The Commission made an order approving the Quasar Constructions (Commercial) Pty Limited / CFMEU Collective Agreement 2019 as a registered agreement under the Fair Work Act. The agreement was registered on the date of the decision.

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