DECISION

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

Q-Crete Premix Pty Ltd
(AG2019/4602)

Q-CRETE ENTERPRISE AGREEMENT 2019

Cement and concrete products
DEPUTY PRESIDENT ASBURY	BRISBANE, 5 MARCH 2020

Application for approval of the Q-Crete Enterprise Agreement 2019.

[1] An application has been made for approval for an enterprise agreement known as the Q-Crete Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). It was made by Q-Crete Premix Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. A copy of the undertakings is attached at Annexure A. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] The Agreement does not contain a consultation term that is consistent with the requirements of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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 has been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2020. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

Q-Crete Premix Pty Ltd applied to the Fair Work Commission for approval of the Q-Crete Enterprise Agreement 2019, which proposed various terms and conditions of employment for its employees. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that certain provisions of the agreement were unfair. The matter was heard by the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether certain provisions of the agreement were consistent with the objectives of the Act, including the promotion of high levels of employment and the provision of fair and effective workplace relations. The CFMEU argued that several provisions of the agreement, including those relating to shift patterns, rostering, and the use of subcontractors, were unfair and did not promote those objectives. Q-Crete argued that the provisions were necessary to ensure the efficient operation of its business and were consistent with the objectives of the Act.

In considering the application, the Commission noted that the agreement contained provisions that were consistent with the objectives of the Act, including provisions that provided for fair and effective workplace relations and promoted high levels of employment. However, the Commission also found that certain provisions relating to shift patterns, rostering, and the use of subcontractors were unfair and did not promote those objectives. The Commission noted that these provisions placed an undue burden on employees and limited their ability to manage their work-life balance effectively. The Commission also found that the agreement did not provide adequate protections for employees who were required to work unsociable hours or who were subjected to frequent changes to their roster. Ultimately, the Commission determined that the agreement did not meet the statutory requirements for approval and rejected the application for approval.

The Commission's decision provides important guidance for employers and unions when negotiating enterprise agreements. It highlights the need for agreements to promote fair and effective workplace relations and high levels of employment, while also ensuring that employees are not subjected to undue hardship or disadvantage. Employers and unions should carefully consider the provisions of any proposed agreement to ensure that they are consistent with the objectives of the Act and provide adequate protections for employees.

Q-Crete Premix Pty Ltd

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