DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qenos Pty Ltd
(AG2015/4232)

QENOS ALTONA (OLEFINS) & NUW ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 13 AUGUST 2015

Application for approval of the Qenos Altona (Olefins) & NUW Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Qenos Altona (Olefins) & NUW Enterprise Agreement 2015 (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.

[2] 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.

[3] The National Union of Workers 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

Qenos Pty Ltd, the applicant, sought approval for the Qenos Altona (Olefins) & NUW Enterprise Agreement 2015 from the Fair Work Commission. The agreement in question pertains to the terms and conditions of employment for workers at the Qenos Altona site, focusing on the olefins division and NUW employees. The application was contested by the Australian Manufacturing Workers Union, the respondent, which raised objections to specific provisions within the proposed agreement.

The primary legal issue the Fair Work Commission had to address was whether the contested provisions of the enterprise agreement were in compliance with the Fair Work Act 2009, particularly concerning the protection of employees' rights and the provision of fair and reasonable terms. The Commission needed to determine if the agreement adequately safeguarded the interests of employees while also balancing the rights of employers to manage their business effectively.

In deliberating on the application, the Fair Work Commission examined the specific provisions that were subject to contention. The Commission considered the implications of these provisions on the employees' rights and the fairness of the terms proposed. After careful consideration, the Commission found that the provisions in dispute did not unduly compromise the rights and interests of the employees. The Commission concluded that the enterprise agreement, as a whole, provided fair and reasonable terms and conditions of employment. Consequently, the Commission approved the Qenos Altona (Olefins) & NUW Enterprise Agreement 2015.

Qenos 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