Qanstruct (Aust) Pty Ltd

[2024] FWCA 3387

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qanstruct (Aust) Pty Ltd

(AG2024/3138)

QANSTRUCT (AUST) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 SEPTEMBER 2024

Application for approval of the Qanstruct (Aust) Pty Ltd / CFMEU Collective Agreement 2024-2027

Qanstruct (Aust) Pty Ltd has made an application for approval of an enterprise agreement known as the Qanstruct (Aust) Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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

The Agreement was approved on 26 September 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Qanstruct (Aust) Pty Ltd, a construction company, sought approval for a proposed collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement, spanning from 2024 to 2027, aimed to regulate the terms and conditions of employment for Qanstruct’s workers. The union argued the agreement was fair and reasonable, while Qanstruct contended it was necessary for maintaining operational efficiency and competitiveness in the construction industry.

The legal issues before the Commission included whether the proposed agreement met the criteria for being deemed "fair and reasonable" under the Fair Work Act 2009. This involved assessing if the agreement provided for fair wages and conditions, balanced the interests of employers and employees, and adhered to the Commission's safety net provisions. Additionally, the Commission had to determine whether the agreement allowed for flexibility in work arrangements and whether it addressed specific industry challenges faced by Qanstruct.

The Commission considered the proposed agreement’s provisions on wages, hours of work, and other employment conditions, weighing these against the safety net standards. It examined submissions from both parties, focusing on the need for flexibility in a highly competitive industry and the union’s arguments for fair treatment of employees. After thorough deliberation, the Commission found that the agreement provided fair and reasonable terms, balancing the interests of both parties and meeting the statutory requirements. The agreement was approved, recognising the unique challenges of the construction industry while ensuring employees were treated fairly.

The final orders included the approval of the Qanstruct (Aust) Pty Ltd / CFMEU Collective Agreement 2024-2027, subject to the conditions and terms set out in the decision. This outcome ensures that the agreement will govern the employment conditions for the specified period, providing a framework for fair and balanced industrial relations within Qanstruct.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established