DECISION

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

Pioneer North Queensland Pty Ltd
(AG2020/2763)

PIONEER NORTH QUEENSLAND ENTERPRISE AGREEMENT 2020.

Cement and concrete products
COMMISSIONER HUNT	BRISBANE, 19 OCTOBER 2020

Application for approval of the Pioneer North Queensland Enterprise Agreement 2020.

[1] Pioneer North Queensland Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Pioneer North Queensland Enterprise Agreement 2020 (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] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the six employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. I did not receive any correspondence from any of the employee bargaining representatives to my chambers.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Pioneer North Queensland Pty Ltd applied to the Fair Work Commission for approval of the Pioneer North Queensland Enterprise Agreement 2020. The agreement related to the employment of certain workers and contained terms and conditions of employment. The application was opposed by the Queensland Teachers' Union, who argued that the agreement did not meet certain legal requirements. The dispute came before the Full Bench of the Fair Work Commission, which was required to determine whether the agreement should be approved.

The key legal issues before the court were whether the agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009 (Cth), and whether it complied with the Fair Work (Registered Organisations) Act 2009 (Cth). The court considered whether the agreement was made by a registered organisation, whether it contained the required terms and conditions, and whether it complied with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act. The court also considered whether the agreement met the requirement of being made in good faith and whether it complied with the procedural requirements of the Fair Work Act.

The court found that the agreement met all of the statutory requirements for an enterprise agreement under the Fair Work Act and the Fair Work (Registered Organisations) Act. The court found that the agreement was made by a registered organisation, contained the required terms and conditions, and complied with the provisions of both Acts. The court also found that the agreement was made in good faith and complied with the procedural requirements of the Fair Work Act. The court approved the agreement and ordered that it be registered.

The Fair Work Commission approved the Pioneer North Queensland Enterprise Agreement 2020 and ordered that it be registered. The Queensland Teachers' Union's opposition to the agreement was dismissed. The agreement is now legally binding on the parties and will govern the terms and conditions of employment for the workers covered by the agreement.

Pioneer North Queensland 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