DECISION

Fair Work Act 2009
s.185—Enterprise agreement

QinetiQ Pty Ltd
(AG2017/6427)

QINETIQ IES ENTERPRISE AGREEMENT 2017

Technical services
COMMISSIONER JOHNS	MELBOURNE, 29 MARCH 2018

Application for approval of the QinetiQ IES Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the QinetiQ IES Enterprise Agreement 2017 (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.

[2] The Applicant 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.

[3] 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.

[4] 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.

[5] The Australian Manufacturing Workers Union (AMWU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2018. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

QinetiQ Pty Ltd was the subject of an application for the approval of the QinetiQ IES Enterprise Agreement 2017, which was heard in the Fair Work Commission. The applicant, QinetiQ Pty Ltd, sought the approval of this enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, including compliance with the procedural fairness and the terms and conditions outlined in the Act.

The legal issues before the court included whether the agreement was genuinely negotiated, whether it complied with the procedural fairness requirements, and whether the terms of the agreement were fair and reasonable. The court needed to determine if the negotiation process was genuine and if the agreement adequately reflected the terms and conditions of employment. Additionally, the court examined if the agreement met the standards of procedural fairness and whether it contained provisions that were fair and reasonable in the context of the employment relationship.

The Fair Work Commission found that the negotiation process was genuine, and the agreement reflected the terms and conditions of employment appropriately. The court was satisfied that the procedural fairness requirements were met, and the terms of the agreement were fair and reasonable. Consequently, the application for approval of the QinetiQ IES Enterprise Agreement 2017 was successful. The agreement was approved, and it was noted that it would now form the basis of the employment relationship between QinetiQ Pty Ltd and its employees covered by the agreement.

QinetiQ 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