DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cragcorp Pty Ltd T/A Queensland Bridge and Civil
(AG2015/6225)

QUEENSLAND BRIDGE AND CIVIL ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 NOVEMBER 2015

Application for approval of the Queensland Bridge and Civil Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Bridge and Civil Enterprise Agreement 2015 (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 Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2015. The nominal expiry date of the Agreement is 24 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Cragcorp Pty Ltd, trading as Queensland Bridge and Civil, applied for approval of the Queensland Bridge and Civil Enterprise Agreement 2015. The application arose from a dispute between the company and the union representing its employees, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary issue was whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement contained all the necessary provisions required for its approval. The applicant argued that the agreement was fair and reasonable and provided for the necessary minimum terms. The union contended that the agreement did not adequately address certain issues, including the classification of employees and the payment of overtime.

The Fair Work Commission examined the agreement clause by clause, considering whether it complied with the Fair Work Act. The Commission noted that the agreement contained all the required minimum terms and conditions, including provisions for classification, remuneration, and leave. The Commission also found that the agreement was fair and reasonable, taking into account the parties' bargaining positions and the broader economic context. The Commission approved the agreement, noting that it provided for a fair and reasonable outcome for both parties. The Commission ordered that the agreement be registered and binding on all parties.

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