QUINN CIVIL CONTRACTORS UNIT TRUST (TRUSTEE FOR) T/AS QUINN CIVIL PTY LTD AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY Summary

[2014] FWCA 1039

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/3618)

QUINN CIVIL CONTRACTORS UNIT TRUST (TRUSTEE FOR) T/AS QUINN CIVIL PTY LTD AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 13 FEBRUARY 2014

Application for approval of the Quinn Civil Contractors Unit Trust (Trustee for) T/As Quinn Civil Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015.

[1] The decision issued by the Fair Work Commission on 12 February 2014 [[2014] FWCA 1039] is corrected as follows:

1. By deleting the date “19 January 2014” where it appears in paragraph [7] of the decision and replacing it with the date “19 February 2014”.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Quinn Civil Contractors Unit Trust, acting as trustee for Quinn Civil Pty Ltd, and the Construction, Forestry, Mining and Energy Union (CFMEU) Civil Construction Industry were parties to an enterprise agreement dispute that came before the Fair Work Commission. The dispute involved the approval of the Quinn Civil Contractors Unit Trust (Trustee for) T/As Quinn Civil Pty Ltd and the CFMEU Civil Construction Industry Enterprise Agreement 2011-2015. The legal issues the court needed to decide were primarily focused on the fairness and compliance of the enterprise agreement with the requirements set out in the Fair Work Act 2009.

The Fair Work Commission was tasked with evaluating whether the enterprise agreement met the criteria for approval under section 185 of the Fair Work Act. This involved assessing the agreement's provisions for employee protections, workplace conditions, and whether it provided for a fair and equitable resolution of any disputes that might arise. The court also needed to consider whether the agreement adequately covered the bargaining period and whether it complied with the statutory requirements for enterprise agreements.

In its decision, the Fair Work Commission found that the enterprise agreement did meet the necessary criteria for approval. The agreement was deemed to be fair and reasonable, providing adequate protections and conditions for employees while also ensuring that the rights of employers were not unduly restricted. The court took into account the submissions and evidence provided by both parties and concluded that the agreement was consistent with the statutory requirements. As a result, the Fair Work Commission approved the enterprise agreement, correcting a minor error in the previously issued decision regarding the date of a particular submission.

The Fair Work Commission issued a correction to its earlier decision, ensuring that the record accurately reflected the timeline of events. This correction was necessary to maintain the integrity of the proceedings and to ensure that all parties had a clear understanding of the sequence of submissions and decisions. The court's final orders confirmed the approval of the enterprise agreement, subject to the minor correction noted in the decision.

QUINN CIVIL CONTRACTORS UNIT TRUST (TRUSTEE FOR) T/AS QUINN CIVIL PTY LTD AND THE CFMEU CIVIL CONSTRUCTION INDUSTRY

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established