DECISION

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

NQ Group Pty Ltd T/A NQ Group Heavy Haulage & Cranes
(AG2016/3436)

NQ GROUP PTY LTD TRADING AS NORTH QUEENSLAND HEAVY HAULAGE ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 10 JUNE 2016

Application for approval of the NQ Group Pty Ltd trading as North Queensland Heavy Haulage Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the NQ Group Pty Ltd trading as North Queensland Heavy Haulage Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NQ Group Pty Ltd T/A NQ Group Heavy Haulage & Cranes. The Agreement is a single-enterprise agreement.

[2] A written undertaking, relating to compassionate leave, has been provided by the employer and is attached to the Agreement. In accordance with s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 17 June 2016. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant NQ Group Pty Ltd, trading as NQ Group Heavy Haulage & Cranes, applied for approval of the NQ Group Pty Ltd Enterprise Agreement 2015. The applicant sought to have the agreement registered with the Fair Work Commission, which would provide a legally binding framework governing the employment conditions of its workers. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, representing the employees.

The primary legal issue before the Commission was whether the agreement satisfied the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained the necessary minimum terms and conditions, as mandated by the Act, and whether it had been made in good faith and without coercion. The Commission also had to consider whether the agreement complied with the procedural requirements for its approval, including the provision of requisite notices and the opportunity for protected industrial action.

After considering the submissions from both parties, the Fair Work Commission found that the NQ Group Pty Ltd Enterprise Agreement 2015 met all the statutory requirements for approval. The Commission determined that the agreement contained all the necessary minimum terms and conditions, had been made in good faith, and complied with the procedural prerequisites. The Commission was satisfied that the agreement provided fair and reasonable terms for both the employer and the employees, and that it was an appropriate framework for governing the employment relationship.

Consequently, the Fair Work Commission approved the NQ Group Pty Ltd Enterprise Agreement 2015, and it was registered with the Commission. The approval of the agreement provides a legally binding framework for the employment conditions of the workers represented by the Construction, Forestry, Maritime, Mining and Energy Union, and ensures that the terms and conditions of their employment are governed by a fair and reasonable agreement.

NQ Group Pty Ltd T/A NQ Group Heavy Haulage & Cranes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established