Qube Heavy Lift Pty Ltd T/A Qube Heavy Lift Pty Ltd

[2023] FWCA 3123

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Qube Heavy Lift Pty Ltd T/A Qube Heavy Lift Pty Ltd

(AG2023/3142)

QUBE HEAVY LIFT SOUTH WEST QUEENSLAND MOBILE CRANE ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 26 SEPTEMBER 2023

Application for approval of the Qube Heavy Lift South West Queensland Mobile Crane Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Application for approval of the Qube Heavy Lift South West Queensland Mobile Crane Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qube Heavy Lift Pty Ltd T/A Qube Heavy Lift Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 1.5(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Qube Heavy Lift Pty Ltd T/A Qube Heavy Lift Pty Ltd approached the Fair Work Commission seeking approval of the Qube Heavy Lift South West Queensland Mobile Crane Enterprise Agreement 2023. The application arose from a negotiation process between the employer and the relevant union representatives. The crux of the dispute centred on whether the terms and conditions outlined in the proposed agreement were fair and reasonable in all respects, in accordance with the requirements of the Fair Work Act 2009.

The legal issues before the Commission included the adequacy of the proposed agreement in terms of providing fair remuneration, reasonable working hours, and conditions that ensured workplace safety and fairness. Additionally, the Commission had to consider whether the agreement complied with any applicable award or registered agreement that might affect the employees. The primary focus was on whether the proposed agreement met the 'better off overall test', ensuring that no employee would be worse off and at least some would be better off under the new agreement.

The Commission, after considering the evidence and submissions from both parties, found that the proposed agreement was fair and reasonable. The decision was based on the comprehensive nature of the agreement, which provided for competitive wages and conditions, while also incorporating safety measures and dispute resolution mechanisms. The Commission was satisfied that the agreement met the better off overall test and did not contravene any relevant awards or registered agreements. Consequently, the Commission approved the Qube Heavy Lift South West Queensland Mobile Crane Enterprise Agreement 2023.

The final orders of the Commission were that the Qube Heavy Lift South West Queensland Mobile Crane Enterprise Agreement 2023 be approved as a registered agreement from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees for the duration specified within the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established