DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quantum Support Services Inc.
(AG2016/534)

QUANTUM SUPPORT SERVICES INC. ENTERPRISE AGREEMENT 2015-2019

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 17 MAY 2016

Application for approval of the Quantum Support Services Inc. Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Quantum Support Services Inc. Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quantum Support Services Inc. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Australian Municipal, Administrative, Clerical and Services Union 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Quantum Support Services Inc. sought approval for its Enterprise Agreement 2015-2019 from the Fair Work Commission. The dispute arose between the applicant and its employees represented by a union. The central issue before the Commission was whether the proposed agreement complied with the relevant statutory provisions, particularly in relation to the classification of employees and their associated wages and conditions. The applicant argued that the agreement was fair and reasonable, while the union contended that it did not adequately address the employees' needs and entitlements.

The Commission examined the evidence provided by both parties, focusing on the classification of roles within the agreement and the fairness of the proposed terms. It considered whether the agreement met the 'better off overall test' as stipulated in the Fair Work Act. The Commission found that while the agreement contained some provisions that were favourable to the employees, there were significant areas where the employees would be worse off. Specifically, the classification of certain roles led to lower wages and less favourable conditions compared to the previous agreement. The Commission concluded that the agreement did not meet the statutory requirements for approval.

Consequently, the Commission rejected the application for approval of the Enterprise Agreement 2015-2019. The decision was based on the finding that the agreement did not comply with the statutory requirement of being fair and reasonable, particularly in respect of employee classification and associated wages and conditions. The Commission's decision was final and binding, leaving the applicant to either renegotiate the terms with the union or face the consequences of operating without an approved enterprise agreement.

Quantum Support Services Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established