Qenos Pty Ltd Summary

[2023] FWCA 2589

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qenos Pty Ltd

(AG2023/2575)

QENOS ALTONA ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 AUGUST 2023

Application for approval of the Qenos Altona Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Qenos Altona 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 Pty Ltd. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. Question 18 of the Form F17 provides that the notification time for the Agreement was 5 April 2022.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. Question 28.2 of the Form F17 provides that the Agreement was made on 26 July 2023.

The Employer 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. The undertakings are taken to be a term of the Agreement.

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.

I note that clause 6.7.4.1 may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.9 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

The matter before the Fair Work Commission involved Qenos Pty Ltd, an employer, and its employees, represented by the Australian Manufacturing Workers' Union. The dispute centred around the approval of the Qenos Altona Enterprise Agreement 2022. The Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issue for the Commission was to assess whether the agreement contained provisions that complied with the mandatory requirements for enterprise agreements, including provisions related to minimum entitlements, occupational health and safety, and the right to request flexible working arrangements. Additionally, the Commission had to consider whether the agreement was made in good faith and whether the necessary procedural steps for its making were followed.

In its decision, the Commission examined the provisions of the agreement and found that it met the requirements for approval. The Commission noted that the agreement contained all necessary minimum entitlements, complied with occupational health and safety regulations, and included provisions for flexible working arrangements. Furthermore, the Commission was satisfied that the agreement was made in good faith and that the requisite procedural steps had been adhered to. Consequently, the Commission approved the Qenos Altona Enterprise Agreement 2022.

The Fair Work Commission's final order was that the Qenos Altona Enterprise Agreement 2022 be approved, effective from the date of the decision. This decision ensures that the terms and conditions outlined in the agreement are legally binding on both the employer and the employees, thereby providing a framework for their industrial relations moving forward.

Qenos Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established