Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 6178

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2466)

QUALITY MANAGEMENT & CONSTRUCTIONS PTY LIMITED T/AS QMC GROUP/CFMEU CIVIL CONSTRUCTION COLLECTIVE AGREEMENT 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 5 SEPTEMBER 2013

Application for approval of the Quality Management & Constructions Pty Limited t/as QMC Group / CFMEU Civil Construction Collective Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Quality Management & Constructions Pty Limited t/as QMC Group/CFMEU Civil Construction Collective Agreement 2013-2014 pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 12 September 2013. The nominal expiry date of the Agreement is 31 March 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) brought an application to the Fair Work Commission for the approval of the Quality Management & Constructions Pty Limited t/as QMC Group / CFMEU Civil Construction Collective Agreement 2013 - 2014. The application was made under section 235 of the Fair Work Act 2009, which empowers the Commission to approve an agreement if it is satisfied that the agreement is appropriate for the employees involved. The CFMEU argued that the agreement provided fair and reasonable terms and conditions of employment for the workers.

The central legal issue before the Commission was whether the agreement met the criteria for approval as set out in section 230 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was appropriate for the employees, which required consideration of factors such as whether it provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith. The Commission also needed to consider if the agreement met the requirements for registration under section 229 of the Act.

The Fair Work Commission found that the agreement did meet the criteria for approval. The Commission considered that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission noted that the agreement had been made in good faith, as evidenced by the negotiations between the parties. Furthermore, the Commission was satisfied that the agreement complied with the requirements for registration under section 229 of the Fair Work Act 2009. Therefore, the Commission approved the agreement as a registered agreement.

In conclusion, the Fair Work Commission approved the Quality Management & Constructions Pty Limited t/as QMC Group / CFMEU Civil Construction Collective Agreement 2013 - 2014, finding it to be appropriate for the employees involved. The Commission found that the agreement met the criteria for approval under section 235 of the Fair Work Act 2009, including that it provided for fair and reasonable terms and conditions of employment and was made in good faith.

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