All Trades Queensland Pty Limited

[2009] FWA 369

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

All Trades Queensland Pty Limited
(AG2009/10863)

ALL TRADES QUEENSLAND PTY LIMITED APPRENTICE/TRAINEE UNION COLLECTIVE AGREEMENT 2009

Metal industry
COMMISSIONER SPENCER	BRISBANE, 24 SEPTEMBER 2009

Application for approval of the All Trades Queensland Pty Limited Apprentice/Trainee Union Collective Agreement 2009.

[1] An application has been made for approval of an enterprise agreement known as the All Trades Queensland Pty Limited Apprentice/Trainee Union Collective Agreement 2009 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by All Trades Queensland Pty Limited. The agreement is a single-enterprise agreement.

[2] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.

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

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical and Plumbing Divisions and the Construction Forestry Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54, will operate from 1 October 2009. The nominal expiry date of the Agreement is 27 July 2012.

COMMISSIONER

1 Item 2, Part 1, of Schedule 2.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

All Trades Queensland Pty Limited sought approval for the All Trades Queensland Pty Limited Apprentice/Trainee Union Collective Agreement 2009. The application was heard by the Fair Work Commission. The crux of the dispute lay in the interpretation and compliance of the collective agreement with the relevant legislative framework, specifically the Fair Work Act 2009. The key issue was whether the agreement contained provisions that aligned with the requirements for a lawful and fair agreement under Australian labour law.

The Fair Work Commission examined the provisions of the agreement to determine if they met the criteria for approval. The agreement needed to be free from any clauses that were contrary to public policy or had an adverse effect on employees. The Commission had to consider whether the terms of the agreement provided for a fair and effective method of resolving workplace issues and whether they ensured fair treatment of employees. Additionally, the Commission evaluated if the agreement contained any discriminatory provisions that might affect certain groups of employees unfavourably.

Upon reviewing the agreement, the Fair Work Commission found that the All Trades Queensland Pty Limited Apprentice/Trainee Union Collective Agreement 2009 did not contain any provisions that were contrary to public policy or that adversely affected employees. The agreement was deemed to provide for a fair and effective method of resolving workplace issues and ensured fair treatment of employees. The Commission concluded that the agreement was compliant with the relevant legislative requirements and approved it as a lawful and fair agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established