Construction, Forestry, Mining and Energy Union Summary

[2016] FWCA 616

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union

(AG2016/85)

QUICK CORE CONSULTING PTY LIMITED T/A QUICK CORE &

CUT CONCRETE CUTTING SERVICES QLD AND CFMEU UNION

COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 29 JANUARY 2016

Application for approval of the Quick Core Consulting Pty Limited T/A Quick Core & Cut

Concrete Cutting Services QLD and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the

Quick Core Consulting Pty Limited T/A Quick Core & Cut Concrete Cutting Services QLD

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.
[2016] FWCA 616

[4] The Agreement was approved on 29 January 2016 and, in accordance with s.54, will

operate from 5 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

The Fair Work Commission was asked to approve the Quick Core Consulting Pty Limited T/A Quick Core & Cut Concrete Cutting Services QLD and CFMEU Union Collective Agreement 2015 - 2019. The application was made by the Construction, Forestry, Mining and Energy Union under Section 185 of the Fair Work Act 2009. The agreement was proposed as a single enterprise agreement and the union sought to have it approved.

The primary legal issues for the Commission to decide were whether the agreement satisfied the relevant requirements of the Fair Work Act 2009, specifically sections 186, 187 and 188. The Commission needed to determine if the agreement covered all employees of the employer, or if it covered a fairly chosen group of employees, and if the union was a proper bargaining representative for the agreement.

The Commission was satisfied that all the relevant requirements of the Fair Work Act had been met. While the agreement did not cover all employees of the employer, the Commission was satisfied that the group of employees covered was fairly chosen. The union had also given notice that it wanted the agreement to cover it, and the agreement did cover the union. Therefore, the Commission approved the agreement and it will operate from 5 February 2016 until 2 July 2019.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established