DECISION

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

Q Catering Limited
(AG2015/1465)

Q CATERING LIMITED ENTERPRISE AGREEMENT 10

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 24 JULY 2015

Application for approval of the Q Catering Limited Enterprise Agreement 10.

[1] An application has been made for approval of an enterprise agreement known as the Q Catering Limited Enterprise Agreement 10(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Q Catering Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 16 June 2015. The application included a Statutory Declaration of Peter Smith made on behalf of the Employer and dated 16 June 2015 (the Declaration). The Declaration stated that the Agreement was made on 2 June 2015. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 24 July 2015. I note that the file has included a Statutory Declaration of Stephen Bull made on behalf of the United Voice (the UV), as an employee organisation in relation to the application. I further note that the file has included a Statutory Declaration of Shane O’Brien made on behalf of the Transport Workers’ Union of Australia (the TWU), as an employee organisation in relation to the application

[5] I note that the Agreement contains a flexibility term at clause 8 and a consultation term at clause 9.

[6] 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.

[7] The UV and the TWU, being bargaining representatives for the Agreement, has each given notice under s.183 of the Act that each wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the UV and the TWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 31 July 2015. The nominal expiry date of the Agreement as specified in clause 2 of the Agreement, is 31 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Q Catering Limited, the Fair Work Commission was asked to approve a proposed enterprise agreement. The application was brought by the employer, Q Catering Limited, which sought to finalise the terms and conditions of employment for its employees under the proposed agreement. The legal issues the court needed to decide included whether the agreement met the statutory requirements for approval under the Fair Work Act, including whether the agreement complied with the good faith bargaining requirements and whether it provided for the proper protection of employees' rights and interests.

The court considered the evidence and submissions from both parties and found that the proposed agreement met the statutory requirements for approval. The court found that the agreement was the product of genuine and good faith bargaining between the parties and that it provided for the proper protection of employees' rights and interests. The court also found that the agreement complied with the relevant provisions of the Fair Work Act, including the requirement for the agreement to provide for a minimum rate of pay and other conditions of employment. The court approved the proposed agreement, subject to certain modifications to ensure compliance with the Act.

The final orders of the court were that the Q Catering Limited Enterprise Agreement be approved as a registered agreement under the Fair Work Act, with certain modifications to ensure compliance with the Act. The modifications related to the calculation of overtime rates and the provisions for shift allowances. The court also ordered that the agreement be registered by the Registrar of the Fair Work Commission and that it would come into effect on the date of registration. The decision provides guidance on the requirements for the approval of enterprise agreements and the role of the Fair Work Commission in overseeing the bargaining process.

Q Catering Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established