| [2024] FWCA 4529 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Q Line Industries Pty Ltd t/a Q Line Industries
(AG2024/4166)
QLINE INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 17 DECEMBER 2024 |
Application for approval of the Qline Industries Pty Ltd Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Qline Industries Pty Ltd Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Q Line Industries Pty Ltd t/a Q Line Industries (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
I note that Clause 5(d) of the Agreement provides that in the event of any inconsistency between any provisions of the Agreement, the Incorporated Instrument and the National Employment Standards (NES) the intent and terms of the NES shall prevail to the extent of such inconsistency.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 17 December 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE527284 PR782545>
Annexure A
- AGLC
- Q Line Industries Pty Ltd t/a Q Line Industries [2024] FWCA 4529
- Case
- [2024] FWCA 4529
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission were centred around whether the agreement met the necessary criteria for approval, including whether it provided for fair terms and conditions of employment and whether it complied with the procedural requirements for such agreements. The Commission had to assess if the agreement provided for fair and reasonable terms, taking into account the economic and employment context in which the agreement was made. Additionally, the Commission considered whether the agreement had been made in good faith and whether it met the procedural requirements such as proper consultation and notification as mandated by the Act.
The Commission found that the agreement was made in good faith and was fair and reasonable in all its terms. The agreement provided for appropriate terms and conditions, including pay rates, leave entitlements, and other employment conditions, which were considered fair and balanced. The Commission also found that the necessary procedural requirements had been met, with proper consultation and notification processes evident. Based on these findings, the Commission approved the Enterprise Agreement 2024, recognising its compliance with the Fair Work Act 2009.
The Fair Work Commission approved the Q Line Industries Pty Ltd Enterprise Agreement 2024, confirming its compliance with the Fair Work Act 2009 and its adherence to the necessary procedural and substantive requirements.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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