Queensland Master Builders Association, Industrial Organisation of Employers

[2013] FWCA 3675

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
(AG2013/1356)

QCLAD PTY LTD ENTERPRISE AGREEMENT 2013-2016

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 7 JUNE 2013

Application for approval of the QClad Pty Ltd Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the QClad Pty Ltd Enterprise Agreement 2013-2016 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Queensland Master Builders Association, Industrial Organisation of Employers. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 14 June 2013. The nominal expiry date of the agreement is 14 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The Queensland Master Builders Association and the Industrial Organisation of Employers applied for the approval of the QClad Pty Ltd Enterprise Agreement 2013-2016. The application was heard in the Fair Work Commission. The primary issue before the Commission was whether the agreement complied with the relevant statutory provisions and if it was made in good faith. Specifically, the Commission needed to determine if the agreement met the requirements of the Fair Work Act 2009 and if it contained provisions that were contrary to public policy.

The Commission found that the agreement was generally consistent with the requirements of the Fair Work Act. The parties had engaged in good faith negotiations, and the agreement reflected a fair and reasonable outcome for both employers and employees. However, the Commission identified certain clauses that were contrary to public policy, particularly those that allowed for the outsourcing of work and the employment of labour hire workers under conditions that were less favourable than those of permanent employees. Despite these concerns, the Commission concluded that the overall benefits of the agreement outweighed the potential negative impacts and approved the agreement subject to modifications to address the identified issues. These modifications included ensuring that any outsourcing or use of labour hire workers was subject to the same terms and conditions as those of permanent employees.

The Commission's decision to approve the agreement, subject to modifications, reflects a balanced approach to the competing interests of employers and employees. While the Commission recognised the potential negative impacts of certain clauses, it also acknowledged the overall benefits of the agreement in terms of promoting stability and fairness in the workplace. The modifications to the agreement will ensure that any outsourcing or use of labour hire workers is subject to the same terms and conditions as those of permanent employees, which should help to address any concerns about the potential for unfair treatment or exploitation. Overall, the decision provides a useful guide for employers and employees seeking to negotiate and implement enterprise agreements that balance the needs of both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established