DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quattro Building Services
(AG2018/1811)

QUATTRO BUILDING SERVICES (ACT) PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2018 - 2022

Australian Capital Territory
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 OCTOBER 2018

Application for approval of the Quattro Building Services (ACT) Pty Ltd and Employees Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Quattro Building Services (ACT) Pty Ltd and Employees Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quattro Building Services. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2018. The nominal expiry date of the Agreement is 22 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Quattro Building Services (ACT) Pty Ltd and Employees Enterprise Agreement 2018-2022 was brought before the Fair Work Commission. The dispute centred on the application for approval of the enterprise agreement between the employer, Quattro Building Services (ACT) Pty Ltd, and their employees, as represented by the Building and Construction General Onsite Workers Union. The union sought to have the agreement approved, while the employer contested certain aspects of the agreement.

The primary legal issue before the court was whether the enterprise agreement met the requirements of section 230 of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in the best interests of the employees and if it complied with the provisions of the Act, including provisions related to minimum wages, penalty rates, and the inclusion of appropriate dispute resolution mechanisms. Additionally, the court had to consider whether the agreement was made in good faith and whether the union had genuinely negotiated on behalf of the employees.

In delivering its decision, the Fair Work Commission examined the terms of the enterprise agreement and the evidence presented by both parties. The Commission found that the agreement was generally in the best interests of the employees and that it complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for fair wages and conditions, including appropriate penalty rates for work on public holidays and weekends. The Commission also found that the union had genuinely negotiated on behalf of the employees and that the agreement was made in good faith. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission's decision was that the Quattro Building Services (ACT) Pty Ltd and Employees Enterprise Agreement 2018-2022 was approved in its entirety. The employer and the union were directed to implement the agreement and to ensure that it was complied with by all parties. The Commission also directed that the agreement be registered with the Fair Work Commission and that a copy be provided to the relevant authorities. This decision provides clarity for the parties involved and ensures that the enterprise agreement is legally binding and enforceable.

Quattro Building Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established