DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/245)

NQ GROUP PTY LTD T/A NQ GROUP HEAVY HAULAGE AND CRANES AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 12 FEBRUARY 2016

Application for approval of the NQ Group Pty Ltd T/A NQ Group Heavy Haulage and Cranes and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the NQ Group Pty Ltd T/A NQ Group Heavy Haulage and Cranes 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. 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 12 February 2016 and, in accordance with s.54, will operate from 19 February 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 the NQ Group Pty Ltd T/A NQ Group Heavy Haulage and Cranes and CFMEU Union Collective Agreement 2015 - 2019. The applicant union claimed that the agreement was made in good faith and that it was fair and reasonable for the purposes of the Fair Work Act 2009. The employer, NQ Group, contested the application, arguing that the agreement did not meet the good faith test and was not fair and reasonable.

The central legal issues before the Commission were whether the collective agreement was made in good faith and whether it was fair and reasonable. The Commission examined the negotiation process, the terms of the agreement, and whether it met the statutory requirements. It considered the parties' conduct, the fairness of the terms, and the overall balance of the agreement.

The Fair Work Commission found that the agreement was made in good faith and was fair and reasonable. It noted that the parties had engaged in a genuine negotiation process, and the terms of the agreement reflected a reasonable balance of interests. The Commission was satisfied that the agreement met the statutory requirements and approved it accordingly. The Commission emphasised the importance of good faith in collective bargaining and the need for agreements to be fair and reasonable.

The Fair Work Commission approved the NQ Group Pty Ltd T/A NQ Group Heavy Haulage and Cranes and CFMEU Union Collective Agreement 2015 - 2019, finding that it was made in good faith and was fair and reasonable. The employer's objections were dismissed, and the agreement was approved for the specified period. This decision reinforces the importance of the good faith requirement and the need for collective agreements to reflect a fair and reasonable balance of interests.

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