QC Block & Brick Laying Services Pty Ltd Summary

[2022] FWCA 161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

QC Block & Brick Laying Services Pty Ltd

(AG2021/9121)

QC Block & Brick Laying Services Pty Ltd Enterprise Agreement 2021 - 2025

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 20 JANUARY 2022

Application for approval of the QC Block & Brick Laying Services Pty Ltd Enterprise Agreement 2021 – 2025.

An application has been made for approval of an enterprise agreement known as the QC Block & Brick Laying Services Pty Ltd Enterprise Agreement 2021 – 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by QC Block & Brick Laying Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 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 27 January 2022. The nominal expiry date of the Agreement is 27 January 2026.

COMMISSIONER

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CaseChat Overview and Summary

QC Block & Brick Laying Services Pty Ltd applied for approval of its enterprise agreement 2021-2025 in the Fair Work Commission. The dispute centred around the terms and conditions outlined in the proposed agreement, including pay rates, leave entitlements, and other employment conditions for workers within the company. The Commission was required to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether it complied with the "better off overall test", and whether it was made in good faith. The Commission needed to ensure that the agreement provided employees with terms and conditions that were no less favourable than the relevant award or registered agreement, and that it was not detrimental to the employees overall.

In reaching its decision, the Commission examined the provisions of the agreement against the statutory requirements and considered submissions from both the applicant and the employees' representatives. The Commission found that the agreement contained all mandatory terms and met the better off overall test, meaning employees would not be worse off financially or in terms of conditions. The Commission also determined that the agreement was made in good faith, taking into account the interests of both the employer and the employees. Based on these findings, the Commission approved the enterprise agreement.

The final order of the Commission was that the QC Block & Brick Laying Services Pty Ltd Enterprise Agreement 2021 – 2025 be approved, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement will govern the employment relationship between the company and its employees for the duration of the agreement.

QC Block & Brick Laying Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established