DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4260)

QUEENSLAND PRE-STRESSING PTY LTD (CIVIL) AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 AUGUST 2016

Application for approval of the Queensland Pre-Stressing Pty Ltd (Civil) and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Pre-Stressing Pty Ltd (Civil) and CFMEU Union Collective Agreement 2015-2019. (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, 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, 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 29 August 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval of a collective agreement with Queensland Pre-Stressing Pty Ltd. The dispute centred on the terms and conditions of employment within the industry, specifically addressing wage rates, hours of work, and other employment-related matters. The Commission was tasked with assessing whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the collective agreement complied with the relevant provisions of the Act. This included determining if the agreement provided for a safety net of minimum entitlements, allowed for genuine bargaining, and whether it contained terms that were not contrary to public policy or industrial peace. Additionally, the Commission needed to consider if the agreement met the requirements for simplicity and clarity, as stipulated by the Act.

The Commission found that the collective agreement was consistent with the statutory requirements. It provided for a safety net of minimum entitlements and was the product of genuine bargaining between the parties. The agreement contained terms that were not contrary to public policy or industrial peace, and it was deemed sufficiently simple and clear to meet the legislative standards. Consequently, the Commission approved the Queensland Pre-Stressing Pty Ltd (Civil) and CFMEU Union Collective Agreement 2015-2019.

The final order of the Commission was the approval of the collective agreement, which would now govern the employment terms and conditions between the union and the employer for the specified period. This decision affirmed the rights and obligations of both parties under the approved agreement, providing a framework for industrial relations within the specified industry.

Construction, Forestry, 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