DECISION

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

Quanta Lines Pty Ltd T/A Quanta Lines
(AG2020/883)

QUANTA LINES PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2018 - 2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 15 APRIL 2020

Application for approval of the Quanta Lines Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Quanta Lines Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quanta Lines Pty Ltd t/a Quanta Lines.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CEPU and that the Agreement covers this organisation.

[4] The Agreement was approved on 15 April 2020 and, in accordance with s.54, will operate from 22 April 2020. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Quanta Lines Pty Ltd, trading as Quanta Lines, sought approval for the Electrical Supply Industry Queensland Enterprise Agreement 2018-2021. The matter was heard in the Fair Work Commission (FWC). The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and was made in good faith. The union representing the employees contested the agreement, arguing that it failed to meet the statutory standards and was not genuinely negotiated.

The legal issues the FWC was required to address included whether the agreement was a "bare minimum" agreement, whether it was made in good faith, and whether the union had provided adequate evidence to demonstrate that the agreement did not comply with the statutory standards. Additionally, the FWC had to consider whether the agreement provided for adequate dispute resolution mechanisms.

The FWC found that the agreement was not a "bare minimum" agreement and was made in good faith. The Commission held that the union had not provided sufficient evidence to demonstrate that the agreement did not meet the statutory standards. The FWC also found that the agreement provided for adequate dispute resolution mechanisms. Consequently, the FWC approved the agreement.

The FWC's final order was that the Electrical Supply Industry Queensland Enterprise Agreement 2018-2021 be approved as a registered agreement. This decision confirmed the validity of the agreement and its compliance with the Fair Work Act 2009. The approval of the agreement ensures that it will govern the employment conditions of the employees covered by the agreement for the specified period.

Quanta Lines Pty Ltd T/A Quanta Lines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established