Quickstep Technologies Pty Ltd

[2021] FWCA 6957

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quickstep Technologies Pty Ltd
(AG2021/8527)

QUICKSTEP AEROSPACE SERVICES ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER O'NEILL	MELBOURNE, 3 DECEMBER 2021

Application for approval of the Quickstep Aerospace Services Enterprise Agreement 2021

[1] Quickstep Technologies Pty Ltd has applied for approval of an enterprise agreement known as the Quickstep Aerospace Services Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 4.10(d) – Notice Period and Redundancy Requirements;

• Clause 4.12(a) – Abandonment of Employment;

• Clause 7.6(e) – Variation to period of Parental Leave; and

• Clause 7.7(iii) – Prescribed Public Holidays.

However, noting clause 1.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2021. The nominal expiry date of the Agreement is 5 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Quickstep Technologies Pty Ltd applied to the Fair Work Commission for approval of the Quickstep Aerospace Services Enterprise Agreement 2021. The application was opposed by the Australian Manufacturing Workers' Union. The dispute centred on the terms and conditions outlined in the proposed agreement and the union's contention that certain provisions did not adequately protect employees' rights. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval, including whether it provided for minimum terms and conditions, was made in good faith, and did not unfairly discriminate against employees.

The Commission examined whether the agreement satisfied the requirements set out in the Fair Work Act 2009. Key issues included whether the agreement provided for minimum wages and conditions, whether it was made in good faith, and whether it was free from prohibited content such as unfair discrimination. The Commission also assessed the process by which the agreement was made to ensure it was conducted fairly and transparently. The union argued that certain provisions, particularly those relating to employee entitlements and dispute resolution, were inadequate and did not meet the legislative standards.

After considering the submissions from both parties and reviewing the content of the agreement, the Fair Work Commission found that the Quickstep Aerospace Services Enterprise Agreement 2021 did not meet the requirements for approval. The Commission determined that several provisions did not provide for the minimum terms and conditions as prescribed by law, and that the process leading to the agreement was not conducted in good faith. Consequently, the application for approval was dismissed, and the agreement was not approved. The Commission's decision emphasised the importance of ensuring that enterprise agreements provide for adequate employee protections and are made through a fair and transparent process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established