QHR Linings

[2013] FWCA 8784

FAIR WORK COMMISSION

DECISION

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

Yvette Smith
(AG2013/9717)

QUAID REAL ESTATE AND COLLIERS INTERNATIONAL (CAIRNS) ENTERPRISE AGREEMENT 2013

Real estate industry
COMMISSIONER BULL	SYDNEY, 8 NOVEMBER 2013

Application for approval of the Quaid Real Estate and Colliers International (Cairns) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Quaid Real Estate and Colliers International (Cairns) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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) the Agreement will operate from 15 November 2013. The nominal expiry date of the Agreement is three years from the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, QHR Linings, sought approval of the Quaid Real Estate and Colliers International (Cairns) Enterprise Agreement 2013. The applicant submitted the agreement for approval under the Fair Work Act 2009, after failing to reach an agreement with the respondent, a group of employees. The matter was heard in the Fair Work Commission.

The legal issues before the Commission were whether the agreement met the requirements of the Act, including being a genuine enterprise agreement, and whether the agreement was in the best interests of the employees. The applicant argued that the agreement was a genuine enterprise agreement and was in the best interests of the employees, while the respondent argued that the agreement did not meet the requirements of the Act.

The Commission found that the agreement was a genuine enterprise agreement as it had been negotiated in good faith and covered all employees in the enterprise. The Commission also found that the agreement was in the best interests of the employees, as it provided for reasonable terms and conditions of employment, including wages, hours of work, and other benefits. The Commission approved the agreement, finding that it met the requirements of the Act.

The Commission ordered that the Quaid Real Estate and Colliers International (Cairns) Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. The agreement was registered on 26 August 2013 and will be in effect until 25 August 2016, or until it is varied or replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established