QMAG Pty Limited

Case

[2024] FWCA 1860

21 MAY 2024


[2024] FWCA 1860

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

QMAG Pty Limited

(AG2024/1361)

QMAG PTY LTD KUNWARARA ENTERPRISE AGREEMENT 2024

Cement and concrete products

COMMISSIONER DURHAM

BRISBANE, 21 MAY 2024

Application for approval of the QMAG Pty Ltd Kunwarara Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the QMAG Pty Ltd Kunwarara Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by QMAG Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

  1. The Applicant has provided written undertakings. 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.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU), and the Australian Workers’ Union (AWU) lodged their respective Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU, ETU and AWU.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE524711  PR775230>

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