DECISION

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

Q H & M Birt Pty Ltd
(AG2020/35)

Q H & M BIRT PTY LTD NATIONAL ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 25 FEBRUARY 2020

Application for approval of the Q H & M Birt Pty Ltd National Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Q H & M Birt Pty Ltd National Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Q H & M Birt Pty Ltd.

[2] Subject to matters that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. Pursuant to s.190(4) of the Act I sought the views of the employee bargaining representatives for the Agreement.

[4] In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and at Annexure A of this decision.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2020. The nominal expiry date of the Agreement is 25 February 2024.

COMMISSIONER

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ANNEXURE A.

CaseChat Overview and Summary

In the Fair Work Commission, the applicants, Q H & M Birt Pty Ltd, sought approval of a National Enterprise Agreement (NEA) for their employees. The respondents, represented by the Automotive, Metals and Engineering Employees Union, contested the application on various grounds. The primary dispute centred on the terms and conditions of employment, particularly regarding wages, hours of work, and other employment-related matters.

The legal issues that the Commission was required to decide upon included whether the agreement was made in good faith, whether it provided for the proper negotiation process, and whether the terms of the agreement were fair and reasonable. Additionally, the Commission had to determine if the agreement met the statutory requirements under the Fair Work Act 2009, including provisions for minimum wages and conditions.

In delivering its decision, the Commission found that the applicants had acted in good faith and that the negotiation process was proper. The Commission considered the evidence presented by both parties and concluded that the terms of the NEA were fair and reasonable, providing adequate protections and benefits for the employees. The Commission further found that the agreement complied with all statutory requirements and was therefore eligible for approval. Consequently, the application for approval of the NEA was approved.

As a result of the decision, the Fair Work Commission approved the National Enterprise Agreement 2019 for Q H & M Birt Pty Ltd, effective from the date of the decision. The terms of the agreement, as outlined in the application, will now govern the employment conditions of the relevant employees.

Q H & M Birt Pty Ltd

DECISION

ANNEXURE A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established