DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/2781)

Q3 UNIT TRUST (THE TRUSTEE FOR) T/AS Q3 GROUP AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 APRIL 2016

Application for approval of the Q3 UNIT TRUST (THE TRUSTEE FOR) T/As Q3 GROUP and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Q3 UNIT TRUST (THE TRUSTEE FOR) T/As Q3 GROUP and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 26 April 2016 and, in accordance with s.54, will operate from 3 May 2016. The nominal expiry date of the Agreement is 30 April 2016.

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 the Q3 UNIT TRUST (THE TRUSTEE FOR) T/As Q3 GROUP and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The Union argued that the agreement contained appropriate mechanisms for resolving disputes and managing variations, while the employer contended that the agreement failed to provide sufficient flexibility and clarity in these areas.

The central legal issue before the Commission was whether the agreement met the statutory requirements for dispute resolution and variation mechanisms as set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the proposed processes in the agreement were fair and effective, and whether they provided an adequate balance between the needs of the employees and the employer’s operational flexibility.

The Commission examined the detailed provisions of the agreement, considering the context of the industry and the nature of the work involved. It found that the proposed dispute resolution mechanisms, including the establishment of a joint dispute resolution committee and the requirement for good faith negotiations, were comprehensive and appropriate. The Commission also concluded that the variation provisions, which allowed for changes in response to genuine operational needs while protecting employee entitlements, were sufficiently robust. Based on this analysis, the Commission approved the agreement, finding that it met the necessary statutory standards.

The final orders of the Commission were that the CFMEU Building and Construction Industry Enterprise Agreement 2015, as presented, be approved. This decision ensures that the agreement will be applicable to the employees of Q3 Group, subject to the terms and conditions outlined within the agreement.

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