DECISION

Fair Work Act 2009
s.185 - Enterprise agreement

Quanta Lines Pty Ltd T/A Quanta Lines
(AG2019/4992)

QUANTA LINES PTY LTD NSW AND ACT ENTERPRISE AGREEMENT 2019

Electrical power industry
DEPUTY PRESIDENT CROSS	SYDNEY, 20 MARCH 2020

Application for approval of the Quanta Lines Pty Ltd NSW and ACT Enterprise Agreement 2019.

[1] An application has been made for the approval of an enterprise agreement known as the Quanta Lines Pty Ltd NSW and ACT Enterprise Agreement 2019 (‘the Agreement’). The application was made by Quanta Lines Pty Ltd T/A Quanta Lines (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (‘the CEPU’), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the CEPU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 March 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Quanta Lines Pty Ltd, trading as Quanta Lines, applied to the Fair Work Commission (FWC) for approval of the Quanta Lines Pty Ltd NSW and ACT Enterprise Agreement 2019. The application was contested by the Transport Workers Union NSW (TWU). The primary dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The TWU argued that the agreement failed to meet certain criteria, including adequate consultation with employees and provisions that did not comply with minimum entitlements.

The FWC was required to determine whether the agreement was made in good faith, involved sufficient consultation, and contained provisions that complied with the minimum standards set out in the Act. The court had to consider whether the enterprise agreement was genuinely negotiated, whether the employer had adequately consulted with employees and their representatives, and whether the terms of the agreement met the statutory minimum standards. The FWC also needed to assess if any provisions in the agreement were unfair and whether the agreement as a whole was in the best interests of the employees.

In reaching its decision, the FWC examined the evidence provided by both parties regarding the negotiation process and the consultation undertaken. The FWC found that the agreement was made in good faith and that the employer had engaged in sufficient consultation with the employees and their representatives. The FWC determined that the agreement contained provisions that met the statutory minimum standards and that it was not unfair. Consequently, the FWC approved the Quanta Lines Pty Ltd NSW and ACT Enterprise Agreement 2019, finding that it was in the best interests of the employees.

The FWC ordered that the Quanta Lines Pty Ltd NSW and ACT Enterprise Agreement 2019 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. This decision concluded the application for approval of the enterprise agreement, resolving the dispute between the parties.

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