DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7797)

Q3 UNIT TRUST (THE TRUSTEE FOR) T/AS Q3 GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) PLASTERING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 DECEMBER 2016

Application for approval of the Q3 Unit Trust (The Trustee For) T/As Q3 Group and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Q3 Unit Trust (The Trustee For) T/As Q3 Group and the CFMEU (Victorian Construction and General Division) Plastering Enterprise Agreement 2016-2018 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 30 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between the Q3 Unit Trust and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The matter was heard by the Fair Work Commission. The union sought to have the proposed agreement, which covered the period from 2016 to 2018, formally approved. The employer, represented by the Q3 Unit Trust, did not oppose the application but highlighted certain concerns regarding the agreement's provisions.

The primary legal issues before the Commission were whether the agreement complied with the relevant legislative framework and if it met the criteria for approval under the Fair Work Act. This included assessing whether the agreement provided for genuine bargaining, addressed the needs of the workforce, and did not contain any terms that were contrary to public policy or unfair. The Commission also needed to consider whether the agreement's terms were procedurally fair and whether the union had genuinely represented the employees in the bargaining process.

In rendering its decision, the Commission examined the evidence and submissions presented by both parties. The Commission found that the agreement contained provisions that were consistent with the objectives of the Fair Work Act and did not contravene any public policy considerations. The Commission also determined that the union had genuinely represented the employees in the bargaining process and that the terms of the agreement were fair and reasonable. The Commission concluded that the application met all the necessary criteria for approval and approved the enterprise agreement. The Commission emphasised the importance of fair and genuine bargaining in achieving good workplace outcomes for both employers and employees.

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