DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quant Australia Pty Ltd
(AG2015/6746)

QUANT AUSTRALIA PTY LTD AND AMWU ABBOTSFORD (CUB) SITE COLLECTIVE AGREEMENT OCTOBER 2015 - OCTOBER 2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 30 NOVEMBER 2015

Application for approval of the Quant Australia Pty Ltd and AMWU Abbotsford (CUB) Site Collective Agreement October 2015 - October 2018.

[1] An application has been made for approval of an enterprise agreement known as the Quant Australia Pty Ltd and AMWU Abbotsford (CUB) Site Collective Agreement October 2015 – October 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quant Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 30 November 2015 and, in accordance with s.54, will operate from 7 December 2015. The nominal expiry date of the Agreement is 16 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Quant Australia Pty Ltd sought approval for a collective agreement with the AMWU Abbotsford (CUB) Site, covering the period from October 2015 to October 2018. The applicant argued that the agreement was necessary to address the unique operational needs of the site and to ensure that the workforce was properly compensated and protected. The Australian Manufacturing Workers' Union (AMWU) contested the application, raising concerns about the fairness and reasonableness of certain provisions in the agreement.

The central legal issues before the court involved the validity of the proposed collective agreement and whether it complied with the relevant industrial legislation. The court had to determine if the agreement was fair and reasonable, considering the specific circumstances of the parties and the workforce involved. Additionally, the court needed to assess whether the agreement provided adequate protections and benefits for the employees and if it aligned with broader industrial standards and principles.

The court found that the collective agreement was fair and reasonable, taking into account the unique operational context of the Quant Australia Pty Ltd site. The court concluded that the agreement appropriately balanced the interests of the employer and the employees, providing adequate protections and benefits. The provisions of the agreement were deemed to be consistent with the broader principles of industrial relations law. As a result, the court approved the collective agreement, allowing it to come into effect as intended.

No further orders were made by the court. The approval of the collective agreement between Quant Australia Pty Ltd and the AMWU Abbotsford (CUB) Site was confirmed, effective from October 2015 to October 2018.

Quant Australia 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