DECISION

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

Quenmor Pty Ltd T/A Quenmor Fire Protection
(AG2020/795)

QUENMOR PTY LTD AND EMPLOYEE ENTERPRISE AGREEMENT 2020 - 2023

Plumbing industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 4 MAY 2020

Application for approval of the Quenmor Pty Ltd and Employee Enterprise Agreement 2020 - 2023.

[1] Quenmor Pty Ltd T/A Quenmor Fire Protection has made an application for the approval of an enterprise agreement known as the Quenmor Pty Ltd and Employee Enterprise Agreement 2020 - 2023(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] 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Agreement was approved on 4 May 2020 and, in accordance with s 54, will operate from 11 May 2020. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Quenmor Pty Ltd T/A Quenmor Fire Protection, the Fair Work Commission was presented with an application for the approval of an enterprise agreement between the company and its employees. The proposed agreement, titled the Quenmor Pty Ltd and Employee Enterprise Agreement 2020 - 2023, was subject to scrutiny under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, including its compliance with the safety net, good faith bargaining provisions, and the overall fairness of the terms.

The primary legal issues that the Commission had to address involved verifying whether the agreement was made in good faith, whether it provided for a safety net that was not less favourable than the relevant national system award, and whether it complied with the specific provisions of the Fair Work Act. Additionally, the Commission had to consider if the agreement contained any provisions that were contrary to public policy or otherwise unenforceable.

The Fair Work Commission determined that the Quenmor Pty Ltd and Employee Enterprise Agreement 2020 - 2023 was made in good faith, as it was the product of negotiations between the parties. The Commission found that the agreement provided for a safety net that was at least as favourable as the applicable award and that it did not contain any terms that were contrary to public policy. The Commission concluded that the agreement was fair and appropriate, and it approved the agreement under section 234 of the Fair Work Act 2009. The approval was effective from the date of the decision, ensuring that the terms of the agreement would apply to the employees of Quenmor Pty Ltd T/A Quenmor Fire Protection for the specified period.

Quenmor Pty Ltd T/A Quenmor Fire Protection

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established