QFE Technologies Pty Ltd

[2013] FWCA 3416

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

QFE Technologies Pty Ltd
(AG2013/6491)

QFE TECHNOLOGIES PTY LTD FIRE ALARM ENTERPRISE AGREEMENT 2013-2017

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 31 MAY 2013

Application for approval of the QFE Technologies Pty Ltd Fire Alarm Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the QFE Technologies Pty Ltd Fire Alarm Enterprise Agreement 2013-2017 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by QFE Technologies 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 Agreement is approved. In accordance with s.54(1) it will operate from 7 June 2013. The nominal expiry date of the agreement is 30 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were QFE Technologies Pty Ltd and the Australian Manufacturing Workers' Union. The dispute centred on the application for approval of the QFE Technologies Pty Ltd Fire Alarm Enterprise Agreement 2013-2017. The case was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether the agreement provided for minimum entitlements, protected the rights of employees, and was made in good faith. Furthermore, the Commission had to determine if the agreement was appropriately certified as a simple, low complexity agreement.

The Commission found that the agreement was made in good faith and met the necessary requirements under the Act. The agreement was deemed to be a low complexity agreement, as it did not cover a broad range of employees or include complex provisions. The Commission concluded that the agreement provided for minimum entitlements and protected the rights of employees. Accordingly, the Fair Work Commission approved the QFE Technologies Pty Ltd Fire Alarm Enterprise Agreement 2013-2017.

The final orders of the Commission were that the agreement was approved as a low complexity agreement, effective from 1 May 2013. The Commission also directed that the agreement be registered with the Fair Work Commission and published in the Commonwealth Register of Industrial Agreements. The decision provided certainty for both parties and allowed the agreement to be implemented, ensuring compliance with the relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established