DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5274)

Q3 UNIT TRUST (THE TRUSTEE FOR) T/AS Q3 GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING GREENFIELDS ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 OCTOBER 2018

Application for approval of the Q3 UNIT TRUST (THE TRUSTEE FOR) T/AS Q3 GROUP and the CFMEU (Victorian Construction and General Division) Plastering Greenfields Enterprise Agreement 2016-2018.

[1] An application has been made for approval of a greenfields agreement known as the Q3 UNIT TRUST (THE TRUSTEE FOR) T/AS Q3 GROUP and the CFMEU (Victorian Construction and General Division) Plastering Greenfields Enterprise Agreement 2016-2018 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2018. The nominal expiry date of the Agreement is 31 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Q3 UNIT TRUST (THE TRUSTEE FOR) T/AS Q3 GROUP and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for approval of the Plastering Greenfields Enterprise Agreement 2016-2018. The matter was heard in the Fair Work Commission. The central dispute revolves around the terms and conditions of employment as outlined in the proposed enterprise agreement and whether it meets the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the court needed to determine if the agreement was made in good faith, if it was free from unlawful content, and if it was in the best interests of the employees covered by the agreement. Additionally, the court examined whether the agreement met the statutory criteria for approval, including the provision of minimum entitlements and the preservation of employee rights.

In delivering its decision, the court thoroughly reviewed the evidence and submissions presented by both parties. It was found that the agreement was made in good faith and contained no unlawful provisions. The court also concluded that the agreement provided for minimum entitlements and did not disadvantage employees. Consequently, the court determined that the enterprise agreement was in the best interests of the employees and met all statutory criteria for approval. The court approved the agreement, thereby allowing the terms and conditions of employment outlined in the agreement to be implemented.

The final orders of the court included the approval of the Plastering Greenfields Enterprise Agreement 2016-2018, subject to the terms and conditions outlined in the agreement. The court's decision provided clarity and certainty for both the Q3 Group and the CFMEU, allowing the agreement to take effect and govern the employment relationship between the parties for the specified period.

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