Qld Civil Engineering Pty Ltd T/A Qld Civil Engineering Pty Ltd

[2025] FWCA 229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qld Civil Engineering Pty Ltd T/A Qld Civil Engineering Pty Ltd

(AG2024/5077)

QLD CIVIL ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 21 JANUARY 2025

Application for approval of the QLD Civil Engineering Pty Ltd Enterprise Agreement 2024

This decision deals with an application made for approval of an enterprise agreement known as the QLD Civil Engineering Pty Ltd Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by QLD Civil Engineering Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[1] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 28 January 2025. The nominal expiry date of the Agreement is 30 November 2028.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Australian Building and Construction Commission, Qld Civil Engineering Pty Ltd, trading as Qld Civil Engineering Pty Ltd, sought approval of their enterprise agreement for 2024. The dispute arose from the company's desire to implement the agreement, which aimed to outline the terms and conditions of employment for its workers. The application was heard in the Fair Work Commission of Australia. The central legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act 2009, particularly concerning the provisions that related to minimum wage rates, penalty rates, and other employment conditions. The Commission also had to consider whether the agreement appropriately balanced the interests of both employers and employees and whether it complied with the good faith bargaining requirements.

The Commission examined the submissions from both parties and considered the provisions of the Fair Work Act, as well as relevant precedents and guidelines. It found that the agreement did, in fact, meet the statutory requirements, including the provisions for minimum wage rates and penalty rates. The Commission noted that the agreement had been the product of good faith bargaining between the parties, as evidenced by the submissions and the process followed in reaching the agreement. Furthermore, the Commission considered that the agreement provided a fair and reasonable balance of rights and obligations for both parties, taking into account the specific circumstances of the industry and the workforce involved.

As a result of its findings, the Commission approved the Qld Civil Engineering Pty Ltd Enterprise Agreement 2024, subject to certain conditions and requirements. The company was directed to provide a copy of the approved agreement to all affected employees and to ensure compliance with its terms. Additionally, the Commission mandated that any disputes arising from the agreement be referred to the Commission for resolution. This decision provides a clear framework for the parties to follow in their ongoing relationship and ensures that the agreement operates within the legal parameters set by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established