Quality Construction WA Pty Ltd

[2013] FWCA 3888

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quality Construction WA Pty Ltd
(AG2013/6619)

QUALITY CONSTRUCTION WA PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 JUNE 2013

Application for approval of the Quality Construction WA Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Quality Construction WA Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of the decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of the Quality Construction WA Pty Ltd Enterprise Agreement 2013. The respondent, Quality Construction WA Pty Ltd, did not oppose the application but sought clarifications and amendments to the agreement. The case was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issues that the court needed to address were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. This included verifying that the agreement met the requirements for certification and registration, including whether it provided for the protection of employees' rights and interests, and whether it contained provisions that were contrary to public policy or were otherwise invalid. The court also had to consider any amendments or clarifications sought by the respondent.

In its decision, the court found that the agreement substantially complied with the relevant legislative provisions. The court acknowledged that while there were minor technical issues with the agreement, these could be rectified through minor amendments. The court addressed each of the issues raised by the respondent and made the necessary amendments to the agreement to ensure its compliance with the law. The court also considered the public interest and the need to facilitate industrial harmony in reaching its decision.

The court approved the Quality Construction WA Pty Ltd Enterprise Agreement 2013, subject to the amendments made during the hearing. The court ordered that the agreement be registered with the Fair Work Commission and that it would come into effect on the date of the registration. The court also ordered that the agreement be served on all relevant parties and that it be published on the Fair Work Commission's website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established