DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Q.H. & M. BIRT PTY LTD
(AG2016/466)

Q H & M BIRT WORKPLACE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 MARCH 2016

Application for approval of the Q H & M Birt Workplace Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Q H & M Birt Workplace Agreement 2016 (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. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] The Construction, Forestry, Mining and Energy 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2016. The nominal expiry date of the Agreement is 29 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court was an application by Q.H. & M. Birt Pty Ltd for the approval of the Q H & M Birt Workplace Agreement 2016. The application was brought under the Fair Work Act 2009, specifically seeking validation of the agreement which was intended to replace an existing enterprise agreement. The dispute arose as the Fair Work Commission had previously declined to approve the agreement, leading to the company seeking judicial intervention.

The primary legal issue before the court was whether the Workplace Agreement met the statutory requirements for approval under the Fair Work Act. This involved an examination of the agreement's terms and conditions to determine if they complied with the relevant provisions of the Act, including the necessity for the agreement to provide a safety net of minimum entitlements and ensure that the agreement was made in good faith. The court also needed to consider whether the agreement provided for appropriate processes for the resolution of disputes and for the protection of employees’ rights.

In reaching its decision, the court undertook a detailed analysis of the Workplace Agreement. It found that the agreement provided for minimum terms and conditions that aligned with the statutory safety net and did not disadvantage employees. The court was satisfied that the agreement was made in good faith and that it included adequate provisions for the resolution of disputes and the protection of employees' rights. Consequently, the court approved the Workplace Agreement, determining that it met all the necessary criteria under the Fair Work Act.

The final orders of the court included the approval of the Q H & M Birt Workplace Agreement 2016, which replaced the existing enterprise agreement. This decision effectively resolved the dispute and allowed the Workplace Agreement to come into effect, providing a legally binding framework for the employment relationship between the company and its employees.

Q.H. & M. BIRT 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