QinetiQ Pty Ltd
[2022] FWCA 2421
•19 JULY 2022
| [2022] FWCA 2421 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
QinetiQ Pty Ltd
(AG2022/2198)
QinetiQ Pty Ltd DST Research Engineering Enterprise Agreement 2021
| Technical services | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 19 JULY 2022 |
Application for approval of the QinetiQ Pty Ltd DST Research Engineering Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the QinetiQ Pty Ltd DST Research Engineering Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by QinetiQ Pty Ltd. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Question 20 on the Form F17 indicates that on 10 June 2022 Employees were provided with details of the vote, with the vote taking place on the 17 June 2022. The vote took place during the access period and not after 7 clear days as required by s.180(3) of the Act. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2022. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
Annexure A
[1] [2019] FWCFB 318.
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