Quasar Construction Pty Ltd Summary

[2014] FWCA 4670

FAIR WORK COMMISSION

DECISION

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

Quasar Construction Pty Ltd
(AG2014/1541)

QUASAR CONSTRUCTIONS PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2014 - 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 14 JULY 2014

Application for approval of the Quasar Constructions Pty Ltd / CFMEU Collective Agreement 2014 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Quasar Constructions Pty Ltd / CFMEU Collective Agreement 2014 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quasar Construction Pty Ltd (the applicant). 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 relevant to this application for approval has been met.

[3] The Construction Forestry Mining and Energy Union has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

Quasar Construction Pty Ltd, a construction company, sought approval of a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was brought before the Fair Work Commission (FWC) to determine whether the agreement met the necessary legal standards. The CFMEU, representing the workers, contested certain provisions of the agreement, arguing they were not in the best interests of the employees.

The legal issues before the FWC involved assessing whether the collective agreement complied with the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the good faith bargaining requirement and if it provided fair and reasonable terms for the employees. The FWC also had to consider whether the agreement was in the best interests of the employees and if it provided appropriate protections and benefits.

The FWC examined the collective bargaining process and found that it was conducted in good faith. The court noted that both parties had engaged in meaningful discussions and had attempted to reach a mutually acceptable agreement. The FWC also assessed the terms of the agreement and found that they were fair and reasonable. The provisions regarding wages, working conditions, and dispute resolution mechanisms were deemed to provide adequate protections and benefits for the employees. Consequently, the FWC approved the collective agreement.

The FWC ordered the approval of the Quasar Constructions Pty Ltd / CFMEU Collective Agreement 2014 - 2015, recognising it as meeting the legal standards set out in the Fair Work Act 2009. The agreement was deemed to be in the best interests of the employees, providing fair and reasonable terms and adequate protections and benefits.

Quasar Construction Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established