DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SQR Constructions Pty Ltd
(AG2018/4997)

SQR CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2018

Plumbing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 FEBRUARY 2019

Application for approval of the SQR Constructions Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SQR Constructions Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SQR Constructions Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2019. The nominal expiry date of the Agreement is 20 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SQR Constructions Pty Ltd sought approval for the SQR Constructions Pty Ltd Enterprise Agreement 2018. The application was brought before the Fair Work Commission, with the Construction, Forestry, Maritime, Mining and Energy Union being the applicant and SQR Constructions Pty Ltd the respondent. The agreement sought to regulate employment terms for SQR Constructions Pty Ltd’s employees. The core issue before the Commission was whether the agreement met the legal requirements for approval, specifically under section 230 of the Fair Work Act 2009. This included determining whether the agreement contained the mandated minimum terms and conditions, whether it had been made free of any prohibited content, and if it had been certified by the Australian Building and Construction Commission.

The Commission undertook a detailed examination of the agreement, ensuring it complied with statutory provisions. The Court found that the agreement contained all the mandated minimum terms and conditions as stipulated by the Fair Work Act. It was also determined that the agreement was free of any prohibited content, such as those that might undermine the safety and health of employees or the enforcement of industrial laws. Additionally, the agreement had been appropriately certified by the Australian Building and Construction Commission, fulfilling the procedural requirements. The Commission concluded that the agreement was made in good faith and satisfied all legal prerequisites for approval.

The Fair Work Commission approved the SQR Constructions Pty Ltd Enterprise Agreement 2018. The decision was grounded on the comprehensive compliance of the agreement with the Fair Work Act and the absence of any prohibited content. The Court's approval signifies that the agreement is fit for the regulation of employment terms within SQR Constructions Pty Ltd, ensuring both parties' interests are legally protected.

SQR Constructions 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