Qanstruct (Aust) Pty Ltd

[2025] FWCA 151

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Qanstruct (Aust) Pty Ltd

(AG2024/5248)

QANSTRUCT (AUST) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 16 JANUARY 2025

Application for approval of the Qanstruct (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 -2027

An application has been made for approval of an enterprise agreement known as the Qanstruct (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 -2027 (the Agreement) (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Qanstruct (Aust) Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 6 January 2025.

On 6 January 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters.

On 8 January 2025, the Applicant provided submissions which resolved the pre-approval concern relating to the method of vote.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Qanstruct (Aust) Pty Ltd applied for approval of an enterprise agreement with the CFMEU (Victorian Construction and General Division). The court was tasked with determining whether the agreement met the legal requirements under the Fair Work Act 2009. The application was heard in the Fair Work Commission, with the decision being made by Commissioner Delaney.

The primary legal issues before the court were whether the enterprise agreement was made in good faith, if it was free from coercion and undue influence, and whether it met the minimum entitlements set out in the Act. The court also had to consider if the agreement provided for a proper process for resolving disputes between the parties.

Commissioner Delaney found that the agreement had been made in good faith and was free from any improper influence or coercion. The agreement was also found to meet all minimum entitlements as stipulated by the Fair Work Act. The process outlined in the agreement for resolving disputes was deemed to be fair and reasonable. Given these findings, the Commissioner approved the enterprise agreement, confirming its compliance with the necessary legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established