Qenos Pty Ltd

[2013] FWCA 6600

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Qenos Pty Ltd
(AG2013/2136)

AWU/CFMEU QENOS BOTANY OPERATIONS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 SEPTEMBER 2013

Application for approval of the AWU/CFMEU Qenos Botany Operations Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the AWU/CFMEU Qenos Botany Operations Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Qenos Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union and the Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] On 2 September 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 September 2013. The nominal expiry date of the Agreement is 31 March 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qenos Pty Ltd, an employer, applied to the Fair Work Commission for approval of the AWU/CFMEU Qenos Botany Operations Enterprise Agreement 2013. The Australian Workers Union and the Construction, Forestry, Maritime, Mining and Energy Union sought to have the agreement approved. The dispute centred on the terms of the proposed enterprise agreement and whether it complied with the relevant provisions of the Fair Work Act 2009. The key issues were whether the agreement met the statutory requirements for approval, including fairness, and whether it contained any provisions that were contrary to public policy.

The commission found that the agreement was not unfair and contained no provisions contrary to public policy. It noted that the agreement was negotiated in good faith and provided for appropriate mechanisms for the resolution of disputes. The commission also found that the agreement provided for appropriate protections for employees, including provisions for minimum wages and conditions, and that it did not contain any provisions that would undermine the rights of employees. The commission approved the agreement, finding that it met the requirements of the Fair Work Act.

The Fair Work Commission approved the AWU/CFMEU Qenos Botany Operations Enterprise Agreement 2013, finding that it was fair and did not contain any provisions contrary to public policy. The commission found that the agreement provided for appropriate protections for employees and mechanisms for the resolution of disputes. The commission's decision was based on its finding that the agreement met the requirements of the Fair Work Act. The approval of the agreement provides certainty for both the employer and employees and ensures that the terms of the agreement are fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established