DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qanstruct (Aust) Pty Ltd
(AG2018/667)

QANSTRUCT (AUST) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 27 MARCH 2018

Application for approval of the Qanstruct (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

[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 2016 - 2018 (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 3 April 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qanstruct (Aust) Pty Ltd, a company in the construction industry, applied to the Fair Work Commission for the approval of the Qanstruct (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018. The application was opposed by the Building and Construction Industry (General) Award 2010, which claimed that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute came before the Fair Work Commission, which had to determine whether the agreement was eligible for approval.

The key legal issues before the commission were whether the agreement contained the necessary minimum terms and conditions as required by the Fair Work Act 2009, and whether it was made in good faith and without coercion. The commission had to consider the content of the agreement, the bargaining process, and the compliance with the statutory requirements. The commission also had to determine whether the agreement provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The commission found that the agreement contained the necessary minimum terms and conditions and was made in good faith and without coercion. The commission considered that the agreement provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement. The commission also found that the agreement was made after a genuine and meaningful bargaining process, and that the parties had made a genuine attempt to reach an agreement. The commission approved the agreement, subject to certain modifications to ensure compliance with the statutory requirements.

The final orders of the commission included the approval of the agreement, subject to the modifications made by the commission. The commission also ordered that the agreement be registered with the Fair Work Commission and that the parties take all necessary steps to give effect to the agreement. The commission further ordered that the agreement would be in effect from the date of the decision and would expire on the date specified in the agreement.

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