QinetiQ Pty Ltd T/A QinetiQ Australia

[2013] FWCA 7222

FAIR WORK COMMISSION

DECISION

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

QinetiQ Pty Ltd T/A QinetiQ Australia
(AG2013/8048)

QINETIQ WORKSHOP ENTERPRISE AGREEMENT 2013

Technical services
COMMISSIONER JOHNS	MELBOURNE, 20 SEPTEMBER 2013

Application for approval of the QinetiQ Workshop Enterprise Agreement 2013.

[1] On 9 August 2013 an application was made for approval of an enterprise agreement known as the QinetiQ Workshop Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by QinetiQ Pty Ltd T/A QinetiQ Australia (Applicant). The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. The Commission is 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. In any case the Commission received correspondence from the Australian Manufacturing Workers’ Union (AMWU) indicating its support of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss.186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The 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 this organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 27 September 2013. The nominal expiry date of the Agreement is 1 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of QinetiQ Pty Ltd trading as QinetiQ Australia, an application was made to the Fair Work Commission for the approval of the QinetiQ Workshop Enterprise Agreement 2013. The application followed the negotiation of the agreement between the employer, QinetiQ Australia, and the union, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions of employment for workers in the workshop, including issues such as wages, hours of work, leave entitlements, and other workplace conditions.

The primary legal issue before the Fair Work Commission was whether the terms of the proposed agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009. This involved determining if the agreement was genuinely negotiated, if it covered the correct bargaining unit, and whether it complied with the 'better off overall test'. The better off overall test requires that the agreement must not be worse for the employees than the applicable award or the terms of their existing contracts. Additionally, the Commission had to consider whether the agreement contained terms that were contrary to public policy or not genuinely agreed upon.

The Fair Work Commission examined the negotiation process and found that the agreement had been genuinely negotiated between the parties. The Commission also confirmed that the agreement covered the correct bargaining unit and that it met the better off overall test. The Commission noted that while some employees expressed concerns about certain aspects of the agreement, the majority supported it. The Commission concluded that the agreement did not contravene any public policy and was genuinely negotiated, thus meeting the statutory requirements for approval.

As a result, the Fair Work Commission approved the QinetiQ Workshop Enterprise Agreement 2013. This decision finalised the legal dispute, allowing the terms of the agreement to be implemented between QinetiQ Australia and the CFMEU, governing the employment conditions for the workshop workers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established