DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quickstep Technologies Pty Ltd
(AG2019/577)

QUICKSTEP TECHNOLOGIES PTY LTD, NEW SOUTH WALES AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 26 JUNE 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Quickstep Technologies Pty Ltd, New South Wales Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quickstep Technologies Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] Subject to the undertakings referred to above, 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and The Australian Workers’ Union being bargaining representatives 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2019. The nominal expiry date of the Agreement is 31 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Quickstep Technologies Pty Ltd applied for approval of the Quickstep Technologies Pty Ltd, New South Wales Agreement 2019. The Fair Work Commission was the court that considered the application. The applicant, an employer, sought to have an enterprise agreement approved which would govern the employment terms and conditions of its employees. The dispute centred on whether the proposed agreement complied with the relevant statutory requirements under the Fair Work Act 2009.

The legal issues before the Commission involved assessing the fairness and compliance of the agreement with the statutory provisions. Specifically, the Commission had to determine if the agreement contained all the mandatory terms and conditions required by law and whether it had been genuinely negotiated and agreed upon by the parties. The applicant argued that the agreement met these criteria and was in the best interests of the employees.

In its decision, the Commission carefully examined the provisions of the proposed agreement, including the terms regarding wages, working hours, leave entitlements, and dispute resolution mechanisms. The Commission found that the agreement was comprehensive and covered all the mandatory terms as required by the Fair Work Act. Additionally, the Commission was satisfied that the agreement had been negotiated in good faith and that it was fair and reasonable in the circumstances. Consequently, the Commission approved the agreement, confirming its compliance with the statutory requirements and its potential benefits for the employees.

The Commission's final order was to approve the Quickstep Technologies Pty Ltd, New South Wales Agreement 2019, thereby establishing the terms and conditions of employment for the employees of the applicant.

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