Qenos P/L

[2023] FWCA 936

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qenos P/L

(AG2023/696)

QENOS ALTONA POLYMERS OPERATORS (AWU) ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 MARCH 2023

Application for approval of the Qenos Altona Polymers Operators (AWU) Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Qenos Altona Polymers Operators (AWU) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qenos P/L. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Workers’ 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Qenos P/L, which applied for the approval of the Qenos Altona Polymers Operators (AWU) Enterprise Agreement 2022. This agreement, which was entered into between Qenos and the Australian Workers' Union, sought to regulate various employment terms and conditions for the unionised workers at the Altona Polymers facility. The application required the Commission to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the procedural requirements set out in the Fair Work Act. Specifically, the Commission needed to consider whether the agreement was genuinely negotiated, free from coercion or other unfair practices, and whether it provided adequate protections for the employees. Additionally, the Commission had to examine whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and did not contravene any relevant minimum standards.

In reaching its decision, the Commission considered the evidence provided by both parties, including the negotiation process and the terms of the agreement itself. The Commission found that the agreement was genuinely negotiated and did not contain any terms that were unfair or unreasonable. It was determined that the agreement provided adequate protections for the employees and complied with all relevant legislative requirements. The Commission also noted that the agreement met the minimum standards prescribed by the Fair Work Act and did not contravene any other relevant provisions. Based on these findings, the Commission approved the Qenos Altona Polymers Operators (AWU) Enterprise Agreement 2022.

The Fair Work Commission approved the Qenos Altona Polymers Operators (AWU) Enterprise Agreement 2022, finding it to be fair, reasonable, and genuinely negotiated. The agreement was deemed to comply with all relevant statutory requirements and provide adequate protections for the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established