Pioneer North Queensland Pty Ltd T/A Pioneer North Queensland or PNQ Summary

[2014] FWCA 2854

FAIR WORK COMMISSION

DECISION

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

Pioneer North Queensland Pty Ltd T/A Pioneer North Queensland or PNQ
(AG2014/795)

PIONEER NORTH QUEENSLAND ENTERPRISE AGREEMENT 2014

Asphalt industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 1 MAY 2014

Application for approval of the Pioneer North Queensland Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Pioneer North Queensland Enterprise Agreement 2014 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 8 May 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pioneer North Queensland Pty Ltd, trading as Pioneer North Queensland (PNQ), applied for approval of the Pioneer North Queensland Enterprise Agreement 2014. The application was heard in the Fair Work Commission, which has jurisdiction over enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for approval, particularly regarding the process by which it was negotiated and whether the agreement was made in good faith.

The primary legal issues were whether the agreement was genuinely negotiated and whether it was made in good faith. The employer argued that the agreement was the result of genuine negotiations and was made in good faith. The union contended that the negotiations were not genuine and that the agreement was not made in good faith due to alleged procedural irregularities and lack of proper consultation.

The Fair Work Commission found that the agreement was genuinely negotiated and made in good faith. The Commission considered the evidence of the negotiations, the conduct of the parties, and the fairness of the agreement. It was determined that there was no evidence of procedural irregularities that would undermine the genuineness of the negotiations. The Commission also found that the employer had acted in good faith throughout the negotiation process, leading to the approval of the agreement.

The Fair Work Commission approved the Pioneer North Queensland Enterprise Agreement 2014, confirming its compliance with the relevant statutory requirements. The Commission's decision was based on the evidence presented, finding no basis to reject the application. This outcome ensures that the terms of the agreement will govern the employment conditions between the parties, subject to the provisions of the Fair Work Act.

Pioneer North Queensland Pty Ltd T/A Pioneer North Queensland or PNQ

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established