Quickform Constructions (Aust) Pty Ltd

[2013] FWCA 4151

FAIR WORK COMMISSION

DECISION

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

Quickform Constructions (Aust) Pty Ltd
(AG2013/7018)

QUICKFORM CONSTRUCTIONS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 27 JUNE 2013

Application for approval of the Quickform Constructions Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 14 June 2013 by Quickform Constructions (Aust) Pty Ltd for the approval of a single-enterprise agreement known as the Quickform Constructions Enterprise Agreement 2013 (“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

In the Fair Work Commission, Quickform Constructions (Aust) Pty Ltd sought approval for the Quickform Constructions Enterprise Agreement 2013. The dispute involved the terms and conditions of employment of workers under the proposed agreement. The Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement provided for fair and reasonable terms and conditions of employment. This included assessing whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to minimum wage rates, penalty rates, and other employment conditions. Additionally, the Commission had to consider whether the agreement was genuinely negotiated and whether it included appropriate dispute resolution processes.

The Fair Work Commission found that the agreement met the necessary criteria for approval. It concluded that the agreement provided for fair and reasonable terms and conditions of employment, including compliance with minimum wage rates and penalty rates. The Commission also determined that the agreement had been genuinely negotiated and contained appropriate dispute resolution processes. As a result, the Commission approved the Quickform Constructions Enterprise Agreement 2013.

The Commission's decision was based on its findings that the agreement provided for fair and reasonable terms and conditions of employment, complied with the Fair Work Act, and was genuinely negotiated. The Commission noted that the agreement included provisions for minimum wage rates, penalty rates, and other employment conditions that were in line with the requirements of the Act. Additionally, the Commission found that the agreement contained appropriate dispute resolution processes, which were necessary for ensuring that any disputes that may arise under the agreement could be resolved effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established