DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quickcell Technology Products Pty Ltd
(AG2020/1341)

QUICKCELL TECHNOLOGY PRODUCTS PTY LTD ENTERPRISE AGREEMENT 2020

Cement and concrete products
COMMISSIONER SIMPSON	BRISBANE, 18 JUNE 2020

Application for approval of the Quickcell Technology Products Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Quickcell Technology Products Pty Ltd Enterprise Agreement 2020 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quickcell Technology Products Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] It is noted that clause 17.2.4 of the Agreement allows the employer to deduct monies from employees’ wages if any personal calls are made from the company phones. Pursuant to s.324 of the Fair Work Act 2009, this may not be enforceable.

[3] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

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

COMMISSIONER

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CaseChat Overview and Summary

In the recent case of Quickcell Technology Products Pty Ltd, the Fair Work Commission was asked to approve the Quickcell Technology Products Pty Ltd Enterprise Agreement 2020. The agreement was entered into between Quickcell Technology Products Pty Ltd, the employer, and the Electrical Trades Union of Australia, representing the employees. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The employees argued that the agreement did not adequately address certain issues, including wage rates and working conditions.

The primary legal issue before the Commission was whether the enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. This included determining whether the agreement had been made in good faith, whether it included the minimum entitlements specified in the Act, and whether it was free from any prohibited content. Additionally, the Commission had to assess whether the agreement had been fairly negotiated and whether it contained appropriate dispute resolution mechanisms.

The Commission examined the evidence provided by both parties and considered the provisions of the agreement. It found that the agreement was procedurally sound, having been negotiated in good faith and including all necessary minimum entitlements. The Commission noted that while there were some concerns raised by the union regarding the specifics of the agreement, these did not rise to the level of rendering the agreement invalid. The agreement was deemed to meet the statutory requirements for approval, and the Commission concluded that it was in the best interests of the employees to approve the agreement.

The Fair Work Commission approved the Quickcell Technology Products Pty Ltd Enterprise Agreement 2020, finding it to be a fair and reasonable agreement that complied with the requirements of the Fair Work Act. The approval was based on the evidence presented and the conclusion that the agreement was made in good faith and contained all necessary minimum entitlements. The decision reinforces the importance of ensuring that enterprise agreements meet the statutory requirements and are negotiated fairly.

Quickcell Technology Products 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