DECISION

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

CQ Industries Pty Ltd T/A CQ Field Mining Services
(AG2014/8359)

CQFMS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 15 DECEMBER 2014

Application for approval of the CQFMS Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CQFMS Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CQ Industries Pty Ltd T/A CQ Field Mining Services. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] My satisfaction as to s.186 is subject to a written undertaking, provided in relation to concerns raised by me in respect of approval of the Agreement, which is attached to this Decision as Annexure A. In accordance with s.191(1)(b) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] In my view, the Consultation Mechanisms provision in Part VII(a)–Workplace change – Consultation Requirements of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[5] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[6] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54, will operate from 22 December 2014. The nominal expiry date of the Agreement is 14 December 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CQ Industries Pty Ltd, trading as CQ Field Mining Services, applied to the Fair Work Commission for approval of the CQFMS Enterprise Agreement 2014. The application was opposed by the Fair Work Ombudsman, who argued that the agreement did not meet the legal requirements for approval under the Fair Work Act 2009. The dispute centred on whether the agreement was procedurally fair and whether it provided adequate protections for employees.

The central legal issue was whether the agreement had been properly negotiated and contained the necessary provisions to ensure that it was fair and reasonable for all parties involved. The Fair Work Ombudsman contended that the agreement did not comply with the statutory requirements for procedural fairness and employee protections. The primary focus was on whether the agreement had been negotiated in good faith and whether it provided sufficient safeguards for employees, particularly regarding the use of subcontractors.

The Commission examined the evidence presented by both parties, including the negotiation process, the content of the agreement, and the protections afforded to employees. The Commission found that the agreement had been negotiated in good faith and contained adequate provisions to protect employees, including clear guidelines on the use of subcontractors. The Commission concluded that the agreement was procedurally fair and provided reasonable protections for employees, and therefore approved the agreement.

As a result of the decision, the CQFMS Enterprise Agreement 2014 was approved by the Fair Work Commission. The agreement now provides the basis for the terms and conditions of employment for workers within the CQ Industries Pty Ltd organisation, subject to the provisions and protections outlined in the approved agreement.

CQ Industries Pty Ltd T/A CQ Field Mining Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established