DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

APQ Pty Ltd
(AG2019/2366)

APQ PTY LTD GENERAL WORKS ENTERPRISE AGREEMENT 2019

Building services
DEPUTY PRESIDENT ASBURY	BRISBANE, 31 OCTOBER 2019

Application for approval of the APQ Pty Ltd General Works Enterprise Agreement 2019.

[1] APQ Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the APQ Pty Ltd General Works Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant's undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 7 November 2019. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the matter of APQ Pty Ltd, the Fair Work Commission (FWC) was asked to consider the approval of the APQ Pty Ltd General Works Enterprise Agreement 2019. The dispute arose from a disagreement between the employer, APQ Pty Ltd, and the employees, represented by their union, regarding the terms of the proposed agreement. The FWC was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement satisfied the good faith bargaining requirement, whether the agreement contained all the mandated terms, and whether the agreement was in the best interests of the employees. The employer argued that the agreement was the result of genuine and good faith negotiations, while the union contended that certain provisions did not meet the required standards. The Commission also had to consider whether the agreement complied with minimum wage and penalty rate requirements.

After examining the evidence and submissions from both parties, the Commission found that the agreement was the product of good faith negotiations and contained all the mandated terms. The Commission determined that the agreement was fair and reasonable and in the best interests of the employees. The agreement was approved, and the Commission noted that it provided for a comprehensive set of terms and conditions, including provisions for wages, hours of work, leave, and dispute resolution mechanisms. The decision underscores the importance of good faith bargaining and the need for enterprise agreements to meet specific statutory requirements.

APQ 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