DECISION

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

QCM Resource Services Pty Ltd
(AG2018/2361)

QCM RESOURCES SERVICES PTY LTD ENTERPRISE AGREEMENT 2018

Brisbane
COMMISSIONER HUNT	BRISBANE, 21 DECEMBER 2018

Application for approval of the QCM Resource Services Pty Ltd Enterprise Agreement 2018

[1] QCM Resource Services Pty Ltd (QCM) has applied for approval of an enterprise agreement known as the QCM Resource Services Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) informed QCM it had a concern the Agreement did not meet the requirements set out in s.186 and s.187 of the Act.

[3] On 17 December 2018 undertakings were provided by QCM. A copy of the undertakings is attached at 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2018. The nominal expiry date of the Agreement is 21 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

QCM Resource Services Pty Ltd sought approval of an enterprise agreement made between the company and its employees under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, presided over by Commissioner Williams. The applicant argued that the proposed agreement provided for appropriate levels of flexibility and productivity, taking into account the nature of the business and the workforce.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act, including provisions regarding the scope of the agreement, procedural fairness, and the protection of employees' rights. Specifically, the court had to determine whether the agreement adequately covered the intended employees, if the proper consultation processes were followed, and if the agreement contained terms that were fair and reasonable in all the circumstances.

In delivering the decision, Commissioner Williams found that the agreement was in accordance with the requirements of the Act. The court considered the evidence presented by both parties, including the nature of the business operations and the terms of the proposed agreement. The Commissioner concluded that the agreement provided for a fair and reasonable balance of interests between the employer and employees, and that it was an appropriate agreement in the circumstances. The application for approval of the enterprise agreement was accordingly granted.

The final orders of the court were that the Enterprise Agreement 2018, as presented by QCM Resource Services Pty Ltd, be approved under section 173 of the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would become binding on the parties from the date of registration. The court further ordered that the agreement be published on the Commission's website for a period of 28 days to allow for any objections to be made.

QCM Resource Services 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