DECISION

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

Cragcorp Pty Ltd T/A Queensland Bridge and Civil
(AG2020/2331)

QUEENSLAND BRIDGE AND CIVIL ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 8 SEPTEMBER 2020

Application for approval of the Queensland Bridge and Civil Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Bridge and Civil Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cragcorp Pty Ltd T/A Queensland Bridge and Civil (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this Decision.

[4] I note for clarity that the effect of the undertaking in relation to shift work is that shiftwork may commence before 6am by agreement between the employer and employees, in line with the relevant Award.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2020. The nominal expiry date of the Agreement is 30 October 2023.

COMMISSIONER

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<AE508949 PR722565>
Annexure A.

CaseChat Overview and Summary

The case involved Cragcorp Pty Ltd, trading as Queensland Bridge and Civil, which applied for approval of the Queensland Bridge and Civil Enterprise Agreement 2020. The application was made to the Fair Work Commission, which was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for appropriate mechanisms for the resolution of workplace disputes and whether it included provisions that were contrary to the public interest. The applicant argued that the agreement was fair and reasonable, while the objectors contended that it failed to adequately address dispute resolution and contained provisions that were inconsistent with public policy.

In delivering its decision, the Commission considered the provisions of the Fair Work Act and relevant case law. It found that the agreement provided for effective dispute resolution mechanisms that aligned with the principles of procedural fairness. Additionally, the Commission concluded that the provisions in question did not contravene the public interest, as they were consistent with the overarching objectives of the Act. Consequently, the application for approval was granted.

The Fair Work Commission approved the Queensland Bridge and Civil Enterprise Agreement 2020, determining that it met the statutory requirements for approval. The Commission's decision was based on its finding that the agreement provided for adequate dispute resolution mechanisms and did not contain provisions contrary to the public interest.

Cragcorp Pty Ltd T/A Queensland Bridge and Civil

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established