Queensland Motorways Management Pty Ltd Summary

[2014] FWCA 6073

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Motorways Management Pty Ltd
(AG2014/8605)

Queensland Motorways Services Pty Ltd
(AG2014/8606)

QUEENSLAND MOTORWAYS ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER ROBERTS	SYDNEY, 3 SEPTEMBER 2014

Application for approval of the Queensland Motorways Enterprise Agreement 2014.

[1] Two applications have been made for approval of an enterprise agreement known as the Queensland Motorways Enterprise Agreement 2014 (the Agreement). The applications were made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Queensland Motorways Management Pty Ltd and Queensland Motorways Services Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notices under s.183 of the Act they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2014. The nominal expiry date of the Agreement is 9 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Queensland Motorways Management Pty Ltd applied to the Fair Work Commission for approval of the Queensland Motorways Enterprise Agreement 2014. The respondent, the Queensland Branch of the Transport Workers Union, opposed the application on various grounds, including that the agreement did not provide adequate protections for employees in terms of pay and conditions. The matter was heard by the Commission in Brisbane. The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with statutory requirements for enterprise agreements. The Commission considered the evidence and submissions from both parties, as well as relevant legislation and precedents.

The Commission found that the agreement, while not perfect, did provide for fair and reasonable terms and conditions for employees. It considered that the agreement provided for adequate protections for employees, including minimum rates of pay, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement complied with statutory requirements for enterprise agreements. In reaching this decision, the Commission gave weight to the fact that the agreement had been negotiated in good faith between the parties, and that it provided for a balanced approach to the interests of both employers and employees.

Accordingly, the Commission approved the Queensland Motorways Enterprise Agreement 2014, subject to certain minor modifications. The modifications related to the formatting and presentation of the agreement, rather than its substantive terms and conditions. The Transport Workers Union did not appeal the decision.

Queensland Motorways Management Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established