DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quattro Project Engineering Pty Ltd
(AG2016/5438)

QUATTRO PROJECT ENGINEERING ENTERPRISE AGREEMENT 2016

Mining industry
COMMISSIONER LEE	LAUNCESTON, 7 OCTOBER 2016

Application for approval of the Quattro Project Engineering Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Quattro Project Engineering Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quattro Project Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 14 October 2016. The nominal expiry date of the Agreement is 6 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Quattro Project Engineering Pty Ltd was involved in an application before the Fair Work Commission seeking approval of the Quattro Project Engineering Enterprise Agreement 2016. The dispute centred on the terms and conditions proposed in the enterprise agreement, which was intended to regulate the employment relationship between the company and its employees. The matter was heard in the Fair Work Commission, which is responsible for resolving disputes related to employment agreements and industrial relations.

The legal issues before the Commission were whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009, and whether it met the "better off overall test". This test requires that employees be no worse off financially and, in some cases, be better off overall when compared to the terms and conditions that would apply in the absence of the agreement. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it included appropriate mechanisms for dispute resolution.

In its decision, the Commission thoroughly examined the provisions of the proposed agreement, considering the arguments presented by both parties. The Commission concluded that the agreement largely complied with the statutory requirements and passed the better off overall test. It found that the proposed terms and conditions provided employees with benefits that outweighed any potential disadvantages, thus meeting the legislative criteria. The Commission also determined that the agreement had been made in good faith and included suitable dispute resolution mechanisms.

The Fair Work Commission approved the Quattro Project Engineering Enterprise Agreement 2016, thereby resolving the dispute. The agreement was deemed to be fair and reasonable, meeting all the necessary legal standards and providing a satisfactory basis for the employment relationship moving forward.

Quattro Project Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established