DECISION

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

Cragcorp Pty Ltd T/A Queensland Bridge and Civil
(AG2020/217)

QUEENSLAND BRIDGE AND CIVIL ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 18 FEBRUARY 2020

Application for approval of the Queensland Bridge and Civil Enterprise Agreement 2019.

[1] Cragcorp Pty Ltd T/A Queensland Bridge and Civil has applied for approval of an enterprise agreement known as the Queensland Bridge and Civil Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2020. The nominal expiry date of the Agreement is 30 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The applicant, Cragcorp Pty Ltd trading as Queensland Bridge and Civil, applied to the Fair Work Commission for approval of the Queensland Bridge and Civil Enterprise Agreement 2019. The application was made under section 234 of the Fair Work Act 2009. The dispute concerned the terms and conditions of employment for employees within the organisation, specifically those covered by the enterprise agreement. The Commission was required to determine whether the agreement met the statutory requirements for direct application and registration under the Act.

The primary legal issue before the Commission was whether the enterprise agreement satisfied the criteria for direct application and registration. This involved assessing the agreement against the provisions of the Fair Work Act, including the requirement that it provides for fair and equitable terms and conditions, and does not discriminate against employees on the basis of sex, family responsibilities, pregnancy, potential pregnancy, breastfeeding, race, colour, sex, sexual preference, age, physical or mental disability, religious belief, political opinion, national extraction or social origin. The Commission also had to consider if the agreement had been made in accordance with the procedures set out in the Act, including any requirement for employee consultation and whether it covered the appropriate bargaining unit.

In its decision, the Fair Work Commission found that the Queensland Bridge and Civil Enterprise Agreement 2019 met the statutory requirements for direct application and registration. The Commission noted that the agreement provided for fair and equitable terms and conditions of employment, did not discriminate against any class of employees, and had been made in accordance with the relevant provisions of the Fair Work Act. The Commission was satisfied that the agreement had been appropriately negotiated and that there was sufficient evidence of employee consultation. The Commission further determined that the agreement covered the appropriate bargaining unit, and that it was consistent with the principles of the Act.

Consequently, the Fair Work Commission approved the Queensland Bridge and Civil Enterprise Agreement 2019, and it was registered with effect from the date of the decision. The terms and conditions set out in the agreement now apply directly to the employees covered by the agreement. The decision provides clarity and certainty for both the employer and the employees, ensuring that the agreement operates within the legal framework established by the Fair Work Act.

Cragcorp Pty Ltd T/A Queensland Bridge and Civil

DECISION

Annexure A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established