Quality Rigging Services (Australia) Pty Ltd

[2014] FWCA 2000

FAIR WORK COMMISSION

DECISION

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

Quality Rigging Services (Australia) Pty Ltd
(AG2014/605)

QUALITY RIGGING SERVICES (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 25 MARCH 2014

Application for approval of the Quality Rigging Services (Australia) Pty Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 19 March 2014 by Quality Rigging Services (Australia) Pty Ltd for the approval of a single-enterprise agreement known as the Quality Rigging Services (Australia) Pty Ltd Enterprise Agreement 2014(“the Agreement”).

[2] 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.

[3] 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

Quality Rigging Services (Australia) Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The applicant is an employer in the rigging industry, and the agreement in question covers its employees. The nature of the dispute is whether the agreement meets the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission heard the matter and was tasked with determining if the agreement was in compliance with the legislative provisions and if it met the procedural requirements for approval.

The legal issues the court needed to address included whether the agreement had been genuinely negotiated, whether it contained the necessary minimum terms and conditions, and if it was in compliance with the procedural requirements for approval as set out in the Fair Work Act 2009. Additionally, the court considered whether the agreement adequately protected the interests of employees, particularly those who were vulnerable or disadvantaged.

The Fair Work Commission found that the agreement had been genuinely negotiated between the parties, contained the necessary minimum terms and conditions, and was in compliance with the procedural requirements for approval. The court was satisfied that the agreement provided adequate protections for employees and did not disadvantage any particular group. Consequently, the Commission approved the enterprise agreement, noting that it was fair and balanced and met all the statutory requirements for such agreements.

The Fair Work Commission approved the Quality Rigging Services (Australia) Pty Ltd Enterprise Agreement 2014, and the decision was made final and binding under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established