CQ Industries Pty Ltd T/A CQ Field Mining Services

The applicant, CQ Industries Pty Ltd trading as CQ Field Mining Services, applied for the approval of the CQFMS Enterprise Agreement 2017. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that the agreement did not meet the better off overall test as required by the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, with the decision ultimately being made by Commissioner Gilmore. The primary issue before the court was whether the employees had been provided with notice of their representational rights on company letterhead and whether the agreement was better off overall when compared to the Black Coal Mining Industry Award 2010.

The court found that while there was a failure to provide the employees with notice of their representational rights on company letterhead, this did not invalidate the agreement. The court further considered the application of the Black Coal Mining Industry Award 2010 and determined that it was relevant to the better off overall test. After a thorough analysis of the agreement and the award, the court concluded that the CQFMS Enterprise Agreement 2017 did not meet the better off overall test. This was primarily due to the fact that the agreement did not provide for the same or better wages, conditions, or entitlements when compared to the Black Coal Award.

As a result, the Fair Work Commission dismissed the application for approval of the CQFMS Enterprise Agreement 2017. The court's decision highlights the importance of ensuring that employees are provided with appropriate notice of their representational rights and that any proposed enterprise agreement meets the better off overall test. In this case, the failure to meet the better off overall test was primarily due to the comparison with the Black Coal Mining Industry Award 2010. The decision serves as a reminder to employers and unions to carefully consider the implications of proposed agreements and ensure compliance with the relevant legislation.