DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/95)

QAD BUILDING SOLUTIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 FEBRUARY 2016

Application for approval of the QAD Building Solutions Pty Ltd and CFMEU Union Collective Agreement 2014-2018.

[1] An application has been made for approval of an enterprise Agreement known as the QAD Building Solutions Pty Ltd and CFMEU Union Collective Agreement 2014-2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.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 the Construction, Forestry, 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] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

[5] The Agreement is approved and, in accordance with s.54, will operate from 23 February 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union sought approval for a collective agreement with QAD Building Solutions Pty Ltd under the Fair Work Act 2009. The application was lodged with the Fair Work Commission. The dispute centred around the terms and conditions outlined in the proposed agreement and whether they complied with the relevant statutory requirements.

The primary legal issue before the commission was whether the collective agreement met the necessary standards for approval under the Fair Work Act. This involved examining whether the agreement provided for fair and reasonable terms for employees, and whether it complied with specific provisions of the Act, including those related to minimum wages, conditions, and the right to bargain collectively. The commission also had to consider whether the agreement was fair and reasonable in all its aspects.

In delivering its decision, the commission detailed the various aspects of the proposed agreement that it examined. It considered the balance of rights and obligations between the parties, the nature of the bargaining process, and the specific terms of the agreement. The commission found that the agreement was fair and reasonable in all its aspects, and thus approved the collective agreement. The decision highlighted the importance of ensuring that collective agreements provide for fair and reasonable terms for employees, while also respecting the rights of employers to manage their businesses.

The final orders of the commission were that the proposed collective agreement between the Construction, Forestry, Mining and Energy Union and QAD Building Solutions Pty Ltd for the period 2014-2018 be approved. The agreement was deemed to be fair and reasonable, and thus met the requirements for approval under the Fair Work Act.

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