Queensland Master Builders Association, Industrial Organisation of Employers

[2013] FWCA 566

FAIR WORK COMMISSION

DECISION

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

Queensland Master Builders Association, Industrial Organisation of Employers
(AG2013/133)

RCQ CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2012-2016

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 30 JANUARY 2013

Application for approval of the RCQ Construction Pty Ltd Enterprise Agreement 2012-2016.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 22 January 2013 by Queensland Master Builders Association, Industrial Organisation of Employers for the approval of a single-enterprise agreement known as the RCQ Construction Pty Ltd Enterprise Agreement 2012-2016 (“the 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 will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Queensland Master Builders Association, Industrial Organisation of Employers, applied to the Fair Work Commission for approval of the RCQ Construction Pty Ltd Enterprise Agreement 2012-2016. The applicant sought the approval of the agreement under section 234 of the Fair Work Act 2009, as the agreement had been made by the employer and the employees but not yet approved by the Commission. The dispute centred on whether the agreement met the necessary requirements for approval, including compliance with the provisions of the Fair Work Act and the Fair Work Regulations.

The central legal issue before the Commission was whether the terms of the Enterprise Agreement were consistent with the provisions of the Fair Work Act and the Fair Work Regulations, particularly with respect to minimum wages and conditions, as well as any other relevant statutory requirements. The Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment and if it complied with the prescribed minimum standards.

The Commission examined the terms of the Enterprise Agreement against the statutory requirements and found that while the agreement generally adhered to the minimum standards, there were certain provisions that did not comply with the Fair Work Act and the Fair Work Regulations. The Commission highlighted specific areas of non-compliance, particularly regarding the calculation of penalty rates and the application of certain provisions to specific employee groups. After making the necessary adjustments to ensure compliance with the law, the Commission approved the Enterprise Agreement, subject to certain conditions that the employer must meet.

The final orders of the Commission included the approval of the Enterprise Agreement, with specific conditions to address the areas of non-compliance identified during the review process. The Commission also required the employer to provide evidence of compliance with the amended terms to the Commission within a specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established