DECISION

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

Quattro Project Engineering Pty Ltd
(AG2021/4882)

QUATTRO PROJECT ENGINEERING ENTERPRISE AGREEMENT 2021

Mining industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 5 MAY 2021

Application for approval of the Quattro Project Engineering Enterprise Agreement2021.

[1] Quattro Project Engineering Pty Ltd has made an application for the approval of an enterprise agreement known as the Quattro Project Engineering Enterprise Agreement2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 5 May 2021 and, in accordance with s 54, will operate from 12 May 2021. The nominal expiry date of the Agreement is 5 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Quattro Project Engineering Pty Ltd applied for the approval of the Quattro Project Engineering Enterprise Agreement 2021. The application was before the Fair Work Commission, where the company and its employees were represented by their respective unions. The primary dispute centred on the terms and conditions of the proposed agreement, with particular emphasis on wage rates, leave entitlements, and other employee benefits. The unions argued that the proposed agreement did not adequately meet the needs of the employees and fell short of the standards set by existing enterprise agreements in the industry.

The legal issues before the Commission involved determining whether the proposed agreement complied with the relevant legislative framework, particularly the Fair Work Act 2009. The Commission had to consider if the agreement was "better off overall" for the employees and if it met the "no disadvantage" test. This required a detailed analysis of the proposed terms against existing agreements and industry benchmarks. Additionally, the Commission had to assess the fairness and reasonableness of the proposed conditions, ensuring that they were consistent with the principles of industrial fairness and equity.

The Fair Work Commission found that the proposed agreement met the requirements under the Fair Work Act. The Commission was satisfied that the agreement provided employees with conditions that were at least as good as, if not better than, those in existing agreements. The wage rates and leave entitlements were deemed reasonable and in line with industry standards. The Commission also found that the agreement did not place employees at a disadvantage compared to their previous conditions. Therefore, the application for approval was successful, and the agreement was registered. The decision emphasised the importance of fair and equitable terms for both employers and employees, ensuring that the agreement fostered a balanced and productive working environment.

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