DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6991)

QR CONTRACTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 DECEMBER 2015

Application for approval of the QR Contracting Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the QR Contracting Pty Ltd 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] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 December 2015 and, in accordance with s.54, will operate from 31 December 2015. The nominal expiry date of the Agreement is 2 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) and QR Contracting Pty Ltd applied to the Fair Work Commission (FWC) for approval of a collective agreement that would govern their employment relations from 2015 to 2019. The agreement sought to regulate various terms and conditions of employment, including wages, hours of work, and dispute resolution mechanisms. The FWC was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the FWC was whether the proposed collective agreement complied with the statutory requirements for approval. Specifically, the FWC had to consider if the agreement provided for fair and reasonable terms and conditions of employment, taking into account the principles of enterprise bargaining as outlined in the Act. The FWC also needed to ensure that the agreement did not include any terms that would be contrary to public policy or otherwise unenforceable.

In making its decision, the FWC examined the contents of the proposed agreement and assessed whether it met the criteria for approval. The FWC noted that the agreement contained provisions that were fair and reasonable in all respects. It provided for a structured process for resolving disputes and included terms that were consistent with industry standards. The FWC was satisfied that the agreement did not include any terms that were contrary to public policy or otherwise unenforceable. Consequently, the FWC approved the QR Contracting Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

The FWC's decision was that the proposed agreement met all the necessary criteria for approval and was therefore approved. The agreement was to apply from the date of the FWC's decision and would remain in effect until the end of the specified period, unless earlier terminated in accordance with its terms or by operation of law.

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