DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qanstruct (Aust) Pty Ltd
(AG2021/4649)

QANSTRUCT (AUST) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 APRIL 2021

Application for approval of the QANSTRUCT (AUST) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023.

[1] 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 2020-2023 (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] The Employer 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. The undertakings are taken to be a term of 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Annexure A

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qanstruct (Aust) Pty Ltd, a civil construction company, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) sought approval of their Enterprise Agreement 2020-2023 before the Fair Work Commission. The dispute centred on whether the proposed agreement complied with the relevant industrial legislation, particularly focusing on the fairness and compliance of the terms negotiated between the parties.

The primary legal issues before the Commission were whether the Enterprise Agreement was made in good faith, whether it complied with the applicable provisions of the Fair Work Act, and if it was appropriate to approve the agreement considering its terms and conditions. The Commission had to consider the bargaining power of both parties, the context of the negotiations, and whether the agreement provided for fair and reasonable terms for the employees.

The Commission determined that the agreement was made in good faith and was in compliance with the Fair Work Act. It noted that the negotiations were conducted transparently, and the terms of the agreement were fair and reasonable, taking into account the economic conditions and the specific circumstances of the industry. The Commission approved the Enterprise Agreement, highlighting that it provided a balanced outcome for both the employer and the employees, and it was consistent with the principles of enterprise bargaining.

The Fair Work Commission approved the Enterprise Agreement 2020-2023 between Qanstruct (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division), effective from 1 July 2020 for a period of three years. The Commission found that the agreement met the legal requirements and was fair and reasonable, thereby authorising its operation as a registered agreement under the Fair Work Act.

Qanstruct (Aust) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established