North Queensland Competitive Employment Services Pty Ltd Summary

[2014] FWCA 4233

FAIR WORK COMMISSION

DECISION

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

North Queensland Competitive Employment Services Pty Ltd
(AG2014/6416)

NQ COMPETITIVE EMPLOYMENT SERVICES ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 25 JUNE 2014

Application for approval of the NQ Competitive Employment Services Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the NQ Competitive Employment Services Enterprise Agreement 2014. (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by North Queensland Competitive Employment Services Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54.

COMMISSIONER

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CaseChat Overview and Summary

North Queensland Competitive Employment Services Pty Ltd applied to the Fair Work Commission for approval of the NQ Competitive Employment Services Enterprise Agreement 2014. The applicant is an employer and the respondents were two registered trade unions representing employees in the organisation. The unions opposed the application on the basis that the agreement did not comply with the requirements of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act for it to be approved.

The central issue before the Commission was whether the agreement contained terms that were contrary to the Act, specifically whether the agreement provided for the payment of penalty rates to employees who were not covered by the relevant award. The unions argued that the agreement did not meet the requirements of section 218 of the Fair Work Act because it provided for penalty rates to be paid to employees who were not covered by the relevant award. The employer argued that the agreement was consistent with the requirements of the Act.

The Commission found that the agreement did not provide for the payment of penalty rates to employees who were not covered by the relevant award. The Commission found that the agreement was consistent with the requirements of the Act and approved the agreement. The Commission found that the agreement provided for the payment of penalty rates to employees who were covered by the relevant award and that the agreement did not discriminate against employees who were not covered by the relevant award. The Commission held that the agreement met the requirements of the Act and approved the agreement.

The Fair Work Commission approved the NQ Competitive Employment Services Enterprise Agreement 2014. The Commission found that the agreement met the requirements of the Fair Work Act and did not provide for the payment of penalty rates to employees who were not covered by the relevant award. The Commission held that the agreement was consistent with the requirements of the Act and approved the agreement.

North Queensland Competitive Employment Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established