DECISION

Fair Work Act 2009
s.185—Enterprise agreement

QIC Protective Coatings (Aust) Pty Ltd
(AG2015/4267)

QIC PROTECTIVE COATINGS (AUST) PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 AUGUST 2015

Application for approval of the QIC PROTECTIVE COATINGS (Aust) Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the QIC PROTECTIVE COATINGS (Aust) Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by QIC Protective Coatings (Aust) Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 14 August 2015 and, in accordance with s.54, will operate from 21 August 2015. The nominal expiry date of the Agreement is 14 February 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this matter were QIC Protective Coatings (Aust) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the approval of the QIC PROTECTIVE COATINGS (Aust) Pty Ltd Roy Hill AWU Greenfields Agreement 2015, which was the subject of an application to the Fair Work Commission. The central issue was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, particularly in relation to the appropriate balance between the interests of employers and employees.

The court was tasked with determining whether the agreement contained provisions that were consistent with the purpose of the Fair Work Act, which includes promoting high wages and high levels of employment, and encouraging high levels of productivity and economic performance. The court also had to assess whether the agreement provided for the fair treatment of employees and whether it addressed key employment conditions such as wages, hours of work, and other terms and conditions of employment in a manner that was fair and reasonable. The court further examined whether the agreement was negotiated in good faith and whether it complied with the requirements for a greenfields agreement under the Act.

In reaching its decision, the court closely examined the terms of the proposed agreement and the submissions made by both parties. The court considered the economic context in which the agreement was negotiated and the impact of the agreement on the workforce. The court found that the agreement balanced the interests of both employers and employees appropriately, providing for fair wages and conditions that were conducive to productivity and economic performance. The court concluded that the agreement was negotiated in good faith and met the statutory requirements for approval. Consequently, the court approved the QIC PROTECTIVE COATINGS (Aust) Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

QIC Protective Coatings (Aust) 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