Quantium Solutions (Australia) Pty Ltd

[2014] FWCA 5029

FAIR WORK COMMISSION

DECISION

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

Quantium Solutions (Australia) Pty Ltd
(AG2014/6501)

QUANTIUM SOLUTIONS AND THE TRANSPORT WORKERS' UNION ENTERPRISE AGREEMENT [2014]

Road transport industry
COMMISSIONER RIORDAN	SYDNEY, 28 JULY 2014

Application for approval of the Quantium Solutions and the Transport Workers' Union Enterprise Agreement [2014].

[1] An application has been made for approval of an enterprise agreement known as the Quantium Solutions and the Transport Workers' Union Enterprise Agreement [2014] (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quantium Solutions Australia Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia (TWU) 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 is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is three (3) years.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Quantium Solutions (Australia) Pty Ltd, sought approval of an enterprise agreement with the Transport Workers' Union. The dispute was heard in the Fair Work Commission, which was established under the Fair Work Act 2009. The legal issues before the Commission involved determining whether the enterprise agreement met the criteria for approval under the Act, specifically focusing on whether the agreement was made in good faith, the process by which it was negotiated, and whether it provided for fair and reasonable terms and conditions of employment. The applicant argued that the agreement was fair and reasonable and had been negotiated in good faith, while the Transport Workers' Union supported the applicant's position.

The Fair Work Commission considered the evidence presented regarding the negotiation process, the terms of the agreement, and the context in which it was made. The Commission examined whether the agreement met the statutory requirements for approval, including the obligation for the agreement to provide for fair and reasonable terms and conditions, and whether there was evidence of good faith bargaining. The Commission also considered the views of the parties and any relevant precedents or guidelines.

After reviewing the evidence and arguments, the Fair Work Commission determined that the enterprise agreement met the statutory criteria for approval. The Commission found that the agreement was made in good faith, provided for fair and reasonable terms and conditions, and was negotiated through a process that complied with the requirements of the Act. The Commission was satisfied that the agreement was beneficial to both parties and would serve the interests of the employees covered by it. The application for approval was therefore granted.

The Fair Work Commission approved the enterprise agreement between Quantium Solutions (Australia) Pty Ltd and the Transport Workers' Union. The agreement was deemed to be fair and reasonable, negotiated in good faith, and compliant with the statutory requirements. The terms and conditions set out in the agreement were accepted as appropriate for the employees involved. This decision provides certainty for both the employer and the union regarding the terms of employment and the process for future negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established