Qline Industries Pty Ltd Summary

[2016] FWCA 3

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Qline Industries Pty Ltd

(AG2015/7658)

QLINE INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 4 JANUARY 2016

Application for approval of the Qline Industries Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Qline Industries Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qline

Industries Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however,

taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of

employees was fairly chosen.

[3] The Agreement was approved on 4 January 2016 and, in accordance with s.54, will

operate from 11 January 2016. The nominal expiry date of the Agreement is 11 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qline Industries Pty Ltd applied for approval of the Qline Industries Pty Ltd Enterprise Agreement 2015 under section 185 of the Fair Work Act 2009. The Fair Work Commission heard the application, led by Commissioner Roe, in Melbourne on 4 January 2016. The agreement in question was intended to cover the building, metal, and civil construction industries.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement complied with sections 186, 187, 188, and 190 of the Act, and if the group of employees covered by the agreement was fairly chosen. The agreement did not cover all employees of Qline Industries Pty Ltd, but the Commission needed to assess if the selection of the employee group was fair under the circumstances.

Commissioner Roe concluded that the agreement satisfied all relevant requirements for approval under the Fair Work Act. The Commission was satisfied that the agreement met the conditions set forth in sections 186, 187, 188, and 190, and that the employee group covered by the agreement was fairly chosen, taking into account the relevant factors. Consequently, the agreement was approved by the Commission on 4 January 2016, effective from 11 January 2016. The agreement will remain in force until 11 January 2020, unless terminated earlier in accordance with the Fair Work Act.

Qline Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established