DECISION

Fair Work Act 2009
s.185—Enterprise agreement

QR Employment Services Pty Ltd
(AG2021/199)

QR EMPLOYMENT SERVICES PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 19 MARCH 2021

Application for approval of the QR Employment Services Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the QR Employment Services Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by QR Employment Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2021. The nominal expiry date of the Agreement is 30 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

QR Employment Services Pty Ltd sought approval for its 2020 Enterprise Agreement, which was challenged by various trade unions and employee representatives. The dispute reached the Fair Work Commission, which had to determine whether the agreement met the necessary legal standards for approval. The unions argued that the agreement did not sufficiently protect employees' rights and conditions, while the employer maintained that the agreement was fair and met all statutory requirements.

The central legal issue was whether the Enterprise Agreement provided adequate safeguards for employees' rights and conditions and complied with the relevant legislative framework. The Commission needed to examine the agreement's provisions concerning wages, working conditions, dispute resolution mechanisms, and other relevant matters. Additionally, the Commission had to consider whether the agreement had been genuinely negotiated between the parties and whether it met the requirements for "better off overall and in the round."

The Fair Work Commission determined that the Enterprise Agreement met the necessary legal standards for approval. It found that the agreement provided adequate protections for employees' rights and conditions and complied with the relevant legislative framework. The Commission noted that the agreement had been genuinely negotiated and that it provided employees with a better overall package than the existing awards. The Commission also considered the impact of the agreement on the bargaining position of the parties and concluded that it was fair and reasonable.

The Fair Work Commission approved the Enterprise Agreement, subject to certain modifications to address the concerns raised by the unions. The modifications included amendments to the agreement's provisions concerning wages, working conditions, and dispute resolution mechanisms. The Commission also imposed certain reporting requirements on the parties to ensure ongoing compliance with the agreement.

QR Employment Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established