QMAG Pty Limited Summary

[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

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.

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.

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.

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.

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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved QMAG Pty Limited, a mining company, which sought approval for the QMAG Pty Ltd Kunwarara Enterprise Agreement 2024. The Fair Work Commission was tasked with deciding whether the agreement complied with the requirements of the Fair Work Act 2009. The dispute centred around the provisions of the proposed agreement, which included terms related to wages, conditions of employment, and other workplace arrangements. The primary concern was whether the agreement met the legal standards set out in the Act, particularly in terms of its fairness and the process through which it was negotiated.

The Fair Work Commission had to determine if the agreement was made in good faith and whether it had been appropriately negotiated. The Commission also needed to assess whether the agreement adequately covered the required minimum terms and conditions of employment and if it complied with any applicable awards or other industrial instruments. Another key issue was whether the agreement provided for proper consultation and disclosure processes, as mandated by the Act. The Commission had to balance the rights of the employer to manage its business with the rights of the employees to fair and equitable workplace arrangements.

The Fair Work Commission carefully examined the negotiation process and the content of the proposed agreement. The Commission found that the agreement was made in good faith and had been negotiated appropriately. It determined that the agreement covered the required minimum terms and conditions and did not contravene any applicable awards or industrial instruments. The Commission also concluded that the consultation and disclosure processes were adequate, and that the agreement was fair and reasonable. Based on these findings, the Commission approved the QMAG Pty Ltd Kunwarara Enterprise Agreement 2024, allowing it to come into effect as intended. The decision reinforced the importance of adhering to the legal standards for enterprise agreements under the Fair Work Act.

QMAG Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established