DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quant (Australia) Pty Ltd
(AG2016/2117)

QUANT AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 22 FEBRUARY 2016

Application for approval of the QUANT Australia Pty Ltd Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the QUANT Australia Pty Ltd Enterprise Agreement 2015 - 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] The Applicant 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, 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. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[6] The Agreement was approved on 22 February 2016 and, in accordance with s.54, will operate from 29 February 2016. The nominal expiry date of the Agreement is 16 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Quant (Australia) Pty Ltd, a company engaged in the provision of measurement services, brought an application for approval of an enterprise agreement for the period 2015 to 2018. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement was in the best interests of the employees and the employer. The legal issues that arose in this case pertained to whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to ascertain if the agreement complied with the provisions concerning the avoidance of unprotected industrial action, if it contained terms that were fair and reasonable, and if it was consistent with the principles of enterprise bargaining.

The Fair Work Commission assessed the agreement against the statutory requirements, considering various factors including the bargaining power of the parties, the nature of the business, and the terms of the agreement. The court found that the agreement was fair and reasonable, as it provided for a transparent and efficient process for resolving disputes and included provisions for the protection of employees' rights. Additionally, the agreement was deemed to be consistent with the principles of enterprise bargaining, as it had been negotiated in good faith between the employer and the employees' representatives. The court concluded that the agreement was in the best interests of both the employees and the employer, and approved it accordingly.

As a result of the approval, the enterprise agreement was registered and became legally binding on the parties. This decision underscores the importance of reaching an agreement that is fair and reasonable for all parties involved, and highlights the role of the Fair Work Commission in ensuring that enterprise agreements comply with the relevant legislative framework. The final orders of the court were that the Quant Australia Pty Ltd Enterprise Agreement 2015 - 2018 be approved and registered.

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