QMC Road Services Queensland Pty Limited Summary

[2013] FWCA 2230

FAIR WORK COMMISSION

DECISION

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

QMC Road Services Queensland Pty Limited
(AG2013/839)

QMC ROAD SERVICES QUEENSLAND PTY LTD - AUSTRALIA PACIFIC LNG PROJECTS UNION GREENFIELDS AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 17 APRIL 2013

Application for approval of the QMC Road Services Queensland Pty Ltd - Australia Pacific LNG Projects Union Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 8 April 2013 by QMC Road Services Queensland Pty Limited for the approval of a Greenfields agreement known as the QMC Road Services Queensland Pty Ltd - Australia Pacific LNG Projects Union Greenfields Agreement(“the Agreement”).

[2] Statutory declarations were provided by:

Mr B. Swan, Acting Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”);

Mr R. Webb, State Secretary, of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (“the AMWU”); and

Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, AMWU and CEPU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it and that it is in the public interest to approve the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

QMC Road Services Queensland Pty Limited applied to the Fair Work Commission for approval of the QMC Road Services Queensland Pty Ltd - Australia Pacific LNG Projects Union Greenfields Agreement. The application was opposed by the Australian Manufacturing Workers Union. The dispute was about whether the proposed agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to assess whether the agreement provided for the employees' rights and entitlements, and whether it was in the best interests of the employees.

The Commission noted that the proposed agreement contained provisions that were not in the best interests of the employees, including provisions that allowed for the reduction of wages and the elimination of certain entitlements. The Commission also found that the agreement did not provide for adequate protection of employees' rights, as it did not include provisions for dispute resolution and did not provide for adequate consultation with employees. The Commission further found that the agreement did not comply with the relevant provisions of the Fair Work Act, as it did not provide for adequate protection of employees' rights and entitlements.

The Fair Work Commission determined that the proposed agreement did not meet the requirements for approval under the Fair Work Act and dismissed the application for approval. The Commission found that the agreement did not provide for adequate protection of employees' rights and entitlements, and that it was not in the best interests of the employees. The Commission ordered that the proposed agreement be not approved and that the application be dismissed. The Commission further ordered that the parties to the agreement take all necessary steps to ensure that the agreement is not implemented.

QMC Road Services Queensland Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established