DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Quickstep Technologies Pty Ltd
(AG2020/2204)

QUICKSTEP TECHNOLOGIES PTY LTD, NEW SOUTH WALES AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 1 SEPTEMBER 2020

Application for variation of the Quickstep Technologies Pty Ltd, New South Wales Agreement 2019.

[1] An application has been made for approval of a variation to the Quickstep Technologies Pty Ltd, New South Wales Agreement 2019 (the Agreement). The application was made by Quickstep Technologies Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] Employees appear to have been notified of the vote less than 7 clear days prior to the vote and that they may vote prior to the vote commencement day. As such, employees may have voted on the agreement less than 7 clear days after the variation and the vote information was distributed. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 26 June 2019. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 1 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Quickstep Technologies Pty Ltd applied to the Fair Work Commission for a variation of the Quickstep Technologies Pty Ltd, New South Wales Agreement 2019. The respondents to the application were the Australian Manufacturing Workers' Union and the Australian Services Union. The primary dispute centred on the terms of the enterprise agreement, specifically regarding the classification and remuneration of employees within the company. The Fair Work Commission was tasked with determining whether the proposed changes to the agreement were justified and whether they complied with relevant industrial laws.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009. Key questions included whether the proposed changes to the enterprise agreement were procedurally and substantively fair, and whether they complied with the statutory criteria for variations set out in the Act. The Commission also needed to assess if the proposed changes were in the best interests of the employees and the company, and if they adhered to the principles of good faith bargaining and the preservation of the balance of rights and obligations under the existing agreement.

The Commission concluded that the proposed variations to the enterprise agreement were justified and in the best interests of the employees and the employer. It found that the changes were procedurally fair, as they had been the result of genuine and good faith negotiations between the parties. The Commission also determined that the proposed changes were substantively fair, as they provided for reasonable adjustments to the classification and remuneration of employees, which were necessary to reflect changes in the business environment and the skill requirements of the workforce. The Commission emphasised the importance of maintaining a balance between the rights and obligations of employers and employees, and found that the proposed changes achieved this balance. Consequently, the Commission approved the variation of the enterprise agreement.

The Fair Work Commission's final order was to approve the variation of the Quickstep Technologies Pty Ltd, New South Wales Agreement 2019, as proposed by the applicant. The approved changes were to be effective from the date of the Commission's decision and would replace the corresponding provisions of the existing agreement. The Commission noted that the approved changes were subject to any applicable legal challenges or appeals, and that the parties were required to comply with the terms of the new agreement.

Quickstep Technologies 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