DECISION

Fair Work Act 2009
s.185—Enterprise agreement

N.Q. Civil Engineering Contracting Pty Ltd and NQCEC Labour Hire Pty Ltd
(AG2016/5261)

N.Q. CIVIL ENGINEERING CONTRACTING ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 OCTOBER 2016

Application for approval of the N.Q. Civil Engineering Contracting Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the N.Q. Civil Engineering Contracting Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by N.Q. Civil Engineering Contracting Pty Ltd and NQCEC Labour Hire Pty Ltd. 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 26 October 2016. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, N.Q. Civil Engineering Contracting Pty Ltd and NQCEC Labour Hire Pty Ltd, sought approval of the N.Q. Civil Engineering Contracting Enterprise Agreement 2016, as per the Fair Work Act 2009. The dispute was heard by the Fair Work Commission, which is responsible for approving enterprise agreements under the Act. The applicants submitted that the agreement met all the requirements of the Act, including that it was free from any prohibited content and that it was fairly negotiated.

The court was required to determine whether the agreement was appropriately negotiated and whether it contained any prohibited content. The court also needed to examine whether the agreement met the "better off overall test" under the Act, meaning that it did not put employees worse off than they would be under the applicable award or safety net. Additionally, the court considered whether the agreement contained any provisions that were contrary to public policy or contrary to any other law.

The court found that the agreement was fairly negotiated and did not contain any prohibited content. The court also determined that the agreement met the "better off overall test" and was not contrary to any public policy or other law. The court noted that the agreement provided for a range of benefits to employees, including increased wages and improved working conditions. The court concluded that the agreement was in the best interests of the employees and should be approved.

Accordingly, the court approved the N.Q. Civil Engineering Contracting Enterprise Agreement 2016, subject to certain modifications to ensure compliance with the Act. The modifications included clarifying certain provisions and ensuring that the agreement met the "better off overall test" for all employees. The applicants were required to make these modifications before the agreement could be registered with the Fair Work Commission.

N.Q. Civil Engineering Contracting Pty Ltd and NQCEC Labour Hire Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established