QR Employment Services Pty Ltd Summary

[2021] FWCA 7022

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

QR Employment Services Pty Ltd
(AG2021/8355)

QR EMPLOYMENT SERVICES PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 8 DECEMBER 2021

Application for approval of the QR Employment Services Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the QR Employment Services Pty Ltd Enterprise Agreement 2021 (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 (Employer). 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 15 December 2021. The nominal expiry date of the Agreement is 31 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the QR Employment Services Pty Ltd Enterprise Agreement 2021. The application was brought before the Fair Work Commission (FWC) to determine if the agreement met the legal requirements for registration under the Fair Work Act 2009. The parties included QR Employment Services Pty Ltd, an employer, and the Australian Manufacturing Workers' Union (AMWU), a union representing the employees. The dispute centred on whether the agreement adequately covered the terms and conditions of employment and aligned with the statutory provisions.

The primary legal issues before the FWC were whether the agreement met the criteria for registration as specified in the Fair Work Act, including provisions related to the coverage of employees, the negotiation process, and the content of the agreement. The FWC had to consider whether the agreement was made in good faith, whether it was negotiated by genuine representatives of the parties, and whether it provided for the terms and conditions of employment, including minimum rates of pay and other entitlements. Additionally, the FWC examined whether the agreement contained all the prescribed terms and conditions and whether it was consistent with the Fair Work Act's objectives.

The FWC examined the evidence and submissions presented by both parties. It found that the agreement was negotiated in good faith and by genuine representatives. The FWC confirmed that the agreement covered all relevant employees and contained all prescribed terms and conditions, including minimum rates of pay and other entitlements. The FWC was satisfied that the agreement was consistent with the objectives of the Fair Work Act and that it provided for the fair and reasonable terms and conditions of employment. Therefore, the FWC approved the QR Employment Services Pty Ltd Enterprise Agreement 2021.

The final orders of the FWC were to approve the QR Employment Services Pty Ltd Enterprise Agreement 2021, subject to the terms and conditions set out in the agreement. The FWC determined that the agreement met all legal requirements for registration and was consistent with the Fair Work Act. The decision affirmed the validity of the agreement, which would now govern the terms and conditions of employment for the employees covered by the agreement.

QR Employment Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established