DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qanstruct (Aust) Pty Ltd
(AG2021/5464)

QANSTRUCT (AUST) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2021-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 JUNE 2021

Application for approval of the Qanstruct (Aust) Pty Ltd / CFMEU Collective Agreement 2021-2023.

[1] An application has been made for approval of an enterprise agreement known as the Qanstruct (Aust) Pty Ltd / CFMEU Collective Agreement 2021-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qanstruct (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Construction, Forestry, Maritime, Mining and Energy 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case involves Qanstruct (Aust) Pty Ltd, a construction company, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was brought before the Fair Work Commission (FWC), where Qanstruct sought approval of their collective agreement for the period 2021-2023. The CFMEU, representing the workers, contested certain provisions of the agreement, particularly those relating to penalty rates and shift loadings. The central issue before the FWC was whether the proposed collective agreement complied with the requirements of the Fair Work Act 2009 (Cth), including whether it provided for fair and reasonable terms and conditions of employment.

The FWC undertook a detailed examination of the agreement, considering the specific circumstances of the construction industry and the bargaining positions of the parties. The Commission assessed whether the proposed terms were fair and reasonable, taking into account the economic context, the nature of the work, and the impact on employees. After evaluating the submissions and evidence from both parties, the FWC concluded that certain provisions of the agreement did not meet the statutory requirements. Specifically, the FWC found that some penalty rates and shift loadings were insufficient to adequately compensate employees for the nature and intensity of their work.

The FWC directed the parties to negotiate changes to the agreement to ensure it complied with the Fair Work Act. The Commission emphasised the importance of fair and reasonable terms that reflected the specific demands of the construction industry. Following the FWC's directions, the parties revised the agreement to address the identified deficiencies. The amended agreement was subsequently approved by the FWC, ensuring compliance with the statutory requirements for industrial instruments.

Qanstruct (Aust) 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