DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5218)

QR CONTRACTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 23 OCTOBER 2018

Application for approval of the QR Contracting Pty Ltd and CFMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the QR Contracting Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The CFMMEU 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 CFMMEU.

[3] I have taken into consideration the material filed in the Commission. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for approval of the QR Contracting Pty Ltd and CFMEU Union Collective Agreement 2018-2019, the Australian Industrial Relations Commission was tasked with reviewing the proposed agreement. The applicant, the CFMEU, sought approval for the agreement that outlined terms and conditions for employees working for QR Contracting Pty Ltd. The respondent, QR Contracting Pty Ltd, did not oppose the approval of the agreement but sought clarification on certain aspects.

The primary legal issues before the Commission were whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009, and whether it met the requirements for a valid and operative agreement under the Act. The Commission needed to consider the agreement's adherence to the prescribed minimum terms and conditions, as well as any potential implications for employees' rights and obligations.

In delivering its decision, the Commission considered the provisions of the Fair Work Act and the Fair Work Regulations, along with the terms of the proposed agreement. The Commission found that the agreement largely complied with the prescribed minimum terms and conditions and did not contain any provisions that were detrimental to the employees. The Commission further determined that the agreement was a bona fide attempt to regulate the terms and conditions of employment and was not contrary to public policy. Consequently, the Commission approved the QR Contracting Pty Ltd and CFMEU Union Collective Agreement 2018-2019 as a registered agreement under 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