DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Q Star Co Pty Ltd
(AG2016/7480)

Q-STAR CO PTY LTD ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 27 JANUARY 2017

Application for approval of the Q-Star Co Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Q-Star Co Pty Ltd Enterprise 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-Star Co 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2017. The nominal expiry date of the Agreement is 26 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Q Star Co Pty Ltd applied to the Fair Work Commission for approval of the Q-Star Co Pty Ltd Enterprise Agreement 2016, which had been negotiated between the employer and the Australian Manufacturing Workers' Union. The application was opposed by the Australian Manufacturing Workers' Union, which argued that the agreement did not meet the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was a genuine enterprise agreement and whether it was in the best interests of the employees.

The central legal issue before the Commission was whether the agreement met the criteria for a genuine enterprise agreement under the Fair Work Act 2009. This involved assessing whether the agreement was negotiated in good faith, whether it contained the required minimum terms and conditions, and whether it complied with the provisions of the Act. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees.

The Fair Work Commission found that the agreement was a genuine enterprise agreement as it had been negotiated in good faith and contained the required minimum terms and conditions. The Commission also determined that the agreement was in the best interests of the employees, despite the opposition from the union. The Commission concluded that the agreement provided for appropriate protections and benefits for the employees and that the union's opposition was not sufficient to outweigh the benefits provided by the agreement.

The Fair Work Commission approved the Q-Star Co Pty Ltd Enterprise Agreement 2016, dismissing the union's opposition. The Commission found that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The union's application to set aside the approval was also dismissed.

Q Star Co 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