DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qenos Pty Ltd
(AG2015/4234)

QENOS ALTONA ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 13 AUGUST 2015

Application for approval of the Qenos Altona Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Qenos Altona 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 Australian Workers’ Union, 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.

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qenos Pty Ltd applied to the Fair Work Commission for approval of the Qenos Altona Enterprise Agreement 2015. The application was opposed by the Australian Manufacturing Workers' Union, who argued that the agreement failed to comply with the Fair Work Act 2009. The Commission was required to determine whether the agreement met the requirements for approval under the Act.

The legal issues before the Commission included whether the agreement complied with the good faith bargaining requirements and the process requirements outlined in the Act. The Commission also had to consider whether the agreement provided for adequate terms and conditions for the employees, and whether it complied with any relevant awards or agreements that applied to the employees. The Commission examined the evidence and submissions from both parties before making its decision.

The Fair Work Commission found that the agreement met the requirements for approval under the Act. The Commission was satisfied that the agreement was the product of good faith bargaining, and that the process requirements had been met. The Commission also found that the agreement provided for adequate terms and conditions for the employees, and that it did not contravene any relevant awards or agreements. The application for approval was therefore granted.

The Fair Work Commission approved the Qenos Altona Enterprise Agreement 2015. The Commission's decision was based on its finding that the agreement met the requirements for approval under the Fair Work Act 2009. The Commission was satisfied that the agreement was the product of good faith bargaining, that the process requirements had been met, and that the agreement provided for adequate terms and conditions for the employees. The Commission's decision was final and binding on both parties.

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