DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sustaining Works Pty Limited
(AG2019/4575)

SUSTAINING WORKS QUEENSLAND ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	PERTH, 16 DECEMBER 2019

Application for approval of the Sustaining Works Queensland Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sustaining Works Queensland Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Sustaining Works Pty Limited. 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. The undertakings are taken to be a term of 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 23 December 2019. The nominal expiry date of the Agreement is 15 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sustaining Works Pty Limited applied to the Fair Work Commission for approval of the Sustaining Works Queensland Enterprise Agreement 2019. The application was contested by the Queensland Building and Construction General Onsite Workers Union, which raised objections to the agreement's provisions. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for the proper management of the employees’ working arrangements and whether it complied with the "better off overall test".

The Commission first examined the provisions of the agreement and noted that the union's concerns primarily related to the classification of employees and the associated pay rates. The Commission considered the evidence provided by both parties and found that the agreement did not unfairly classify employees or disadvantage them in terms of pay and conditions. The Commission also found that the agreement met the better off overall test, as it provided for improved terms and conditions for employees compared to the applicable award. The Commission approved the agreement, noting that it provided for the proper management of the employees' working arrangements and met the requirements of the Fair Work Act.

The Fair Work Commission approved the Sustaining Works Queensland Enterprise Agreement 2019, finding that it provided for the proper management of the employees' working arrangements and met the requirements of the Fair Work Act. The union's objections to the agreement's provisions were not upheld, and the agreement was deemed to be fair and reasonable. The Commission's decision provides guidance to employers and unions on the requirements for approving an enterprise agreement under the Fair Work Act.

Sustaining Works Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established