Quality Construction Solutions Pty Ltd T/A Quality Structural Solutions

[2013] FWCA 9763

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Quality Construction Solutions Pty Ltd T/A Quality Structural Solutions
(AG2013/11851)

QUALITY STRUCTURAL SOLUTIONS AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 DECEMBER 2013

Application for approval of the Quality Structural Solutions and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Quality Structural Solutions and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quality Construction Solutions Pty Ltd T/A Quality Structural Solutions. The Agreement is a single-enterprise agreement.

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] 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.

[4] The Construction, Forestry, 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 19 December 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case of Quality Construction Solutions Pty Ltd trading as Quality Structural Solutions concerns an application for the approval of the Quality Structural Solutions and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was made by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) as the employer’s representative, seeking the Commission's endorsement of the enterprise agreement.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was a "certified agreement" as defined in the Act, meaning it was made by an authorised bargaining representative and covered employees who were not subject to an existing registered agreement. The Commission also had to consider whether the agreement contained appropriate minimum terms and conditions, ensuring fair treatment and protections for the employees involved.

The Commission assessed the enterprise agreement against the statutory requirements, including the provisions for minimum wages, penalty rates, leave entitlements, and other employment conditions. It was found that the agreement adequately covered these elements, providing terms that were not less favourable than the relevant modern awards. The Commission noted that the agreement was negotiated in good faith and covered a sufficient proportion of the employees, thereby meeting the necessary thresholds for approval. Consequently, the Commission approved the enterprise agreement, recognising it as a certified agreement.

The Commission made an order approving the Quality Structural Solutions and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 as a certified agreement under the Fair Work Act 2009. This decision ensured that the terms and conditions outlined in the agreement would apply to the relevant employees, providing them with the protections and benefits specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established