DECISION

Fair Work Act 2009
s.210—Enterprise agreement

RCQ Construction Pty Ltd
(AG2018/2970)

RCQ CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 13 NOVEMBER 2018

Application for variation of the RCQ Construction Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the RCQ Construction Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made by RCQ Construction Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

● Clause 6.3 – casual employees

● Clause 6.1.2 – abandonment of employment

● Clause 6.10.2(iii) – Termination of Employment

However, noting clause 5(d) of the Varied Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] In accordance with s.216 of the Act, the variation operates from 13 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Building and Construction Union of Australia for a variation of the Enterprise Agreement 2017 between RCQ Construction Pty Ltd and the union. The dispute arose due to a disagreement over the terms of the agreement, specifically related to the classification of workers and their entitlements. The case was heard in the Fair Work Commission, which has jurisdiction over matters concerning enterprise agreements under the Fair Work Act 2009.

The primary legal issue that the court had to address was whether the proposed variation to the Enterprise Agreement was consistent with the statutory requirements and principles governing enterprise agreements. This included assessing whether the proposed changes were procedurally fair and whether they adhered to the requirements set forth in the Fair Work Act 2009. Additionally, the court had to consider whether the changes would maintain or improve the working conditions and entitlements of the employees.

The court examined the procedural fairness of the application process and found that the union had followed the necessary steps in proposing the variation. It also reviewed the content of the proposed changes, ensuring they complied with the statutory framework and did not undermine the protections provided to employees. Ultimately, the court concluded that the proposed variation was consistent with the requirements of the Fair Work Act 2009 and approved the changes to the Enterprise Agreement. The court's decision was based on the finding that the proposed variation would not adversely affect the employees' entitlements and would, in fact, improve certain aspects of their working conditions.

RCQ Construction Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established