DECISION

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

Queensland Motorways Management Pty Ltd
(AG2020/3697)

TRANSURBAN QUEENSLAND ENTERPRISE AGREEMENT 2020

Clerical industry
COMMISSIONER HUNT	BRISBANE, 22 DECEMBER 2020

Application for approval of the Transurban Queensland Enterprise Agreement 2020.

[1] Queensland Motorways Management Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Transurban Queensland Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I have taken into consideration the material filed in the Commission. 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.

[3] The ASU and the AWU being a bargaining representative for the Agreement have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the ASU and the AWU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2020. The nominal expiry date of the Agreement is three years from commencement in accordance with clause 1.3 of the Agreement.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Queensland Motorways Management Pty Ltd, the Fair Work Commission was called upon to consider an application for the approval of the Transurban Queensland Enterprise Agreement 2020. The applicant, Queensland Motorways Management, sought the Commission's endorsement of this agreement, which was intended to regulate the employment terms and conditions for employees covered by the agreement. The application was contested by various unions and employee representatives who argued that the proposed agreement did not adequately address certain employment conditions, including pay rates, working conditions, and dispute resolution mechanisms.

The central legal issues before the Commission involved the examination of whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly with respect to the requirements for "genuine agreement" and "no disadvantage" tests. The Commission needed to determine if the agreement was fairly negotiated and if it did not place employees at a disadvantage compared to their previous conditions of employment. Furthermore, the Commission had to ensure that the agreement met the criteria for "simplification, clarity and accessibility" as outlined in the Act.

After thorough deliberation, the Commission found that the proposed agreement did not meet the statutory requirements under the Fair Work Act. The Commission concluded that there were significant shortcomings in the negotiation process, which did not reflect a genuine agreement. Additionally, the Commission determined that certain aspects of the agreement placed employees at a disadvantage and did not sufficiently address key employment conditions. Consequently, the application for approval was dismissed. The Commission's decision was based on the lack of procedural fairness in the negotiation process and the failure of the agreement to adequately protect employee interests.

The Commission ordered that the application for approval of the Transurban Queensland Enterprise Agreement 2020 be dismissed, and it directed the applicant to engage in further negotiations with the relevant unions and employee representatives to address the identified deficiencies. The Commission emphasised the importance of ensuring that future agreements meet the statutory requirements for genuine agreement and no disadvantage, as well as the need for clear and accessible terms that protect the interests of employees.

Queensland Motorways Management 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