DECISION

Fair Work Act 2009
s.185—Enterprise agreement

QR Support Services Pty Ltd
(AG2018/4709)

QR SUPPORT SERVICES PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 MARCH 2019

Application for approval of the QR Support Services Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the QR Support Services Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by QR Support 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 20 March 2019 and, in accordance with s.54, will operate from 27 March 2019. The nominal expiry date of the Agreement is 30 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

QR Support Services Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The agreement, which was made under the Fair Work Act 2009, was to apply to employees working in various roles within the company. The dispute arose from negotiations between the company and its employees, represented by the Australian Services Union, regarding the terms and conditions of employment.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and if it provided for the minimum entitlements as stipulated by the Act. The Commission had to assess if the agreement was genuinely negotiated, if it covered all necessary aspects of employment, and if it complied with the safety net provisions of the Act. Additionally, the Commission had to ensure that the agreement did not undermine the protections afforded to employees under the Act.

The Fair Work Commission found that the agreement was genuinely negotiated and met all the statutory requirements. It was comprehensive in covering various aspects of employment, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission also determined that the agreement provided for all minimum entitlements as required by the Act. After thorough examination, the Commission approved the QR Support Services Pty Ltd Enterprise Agreement 2018, confirming that it was fair and balanced.

The Fair Work Commission's final orders were to approve the enterprise agreement in its entirety, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would apply to all employees of QR Support Services Pty Ltd covered by the agreement.

QR Support 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