DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quickstep Technologies Pty Ltd
(AG2015/3900)

QUICKSTEP TECHNOLOGIES PTY LTD NEW SOUTH WALES AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 AUGUST 2015

Application for approval of the Quickstep Technologies Pty Ltd New South Wales Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Quickstep Technologies Pty Ltd New South Wales Agreement 2015 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

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

[4] The Australian Workers’ Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 August 2015. The nominal expiry date of the Agreement is 31 August 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Quickstep Technologies Pty Ltd, the applicant sought approval of an enterprise agreement under the Fair Work Act 2009. The dispute centred around whether the proposed agreement complied with the statutory requirements and if it was appropriate to approve it without the consent of the employer, as the employer had withdrawn from negotiations. The matter was heard by the Fair Work Commission, specifically the Full Bench, which comprised of Commissioner Kellam, Deputy President Buchanan and Commissioner Sheehan.

The primary legal issues before the Commission were whether the agreement was made in good faith and whether it was in the best interests of the employees. The Commission also needed to determine whether the application could proceed without the employer's consent and if the agreement met the statutory requirements, such as the 'better off overall test' and the 'no disadvantage test'. The applicant argued that the agreement was made in good faith and was in the best interests of the employees, as it provided them with improved conditions, albeit without the employer's consent. The employer did not participate in the proceedings and did not contest the application on its merits.

The Full Bench found that the agreement had been made in good faith and was in the best interests of the employees. The Commission noted that the employer's withdrawal from negotiations did not invalidate the agreement and that the application could proceed without the employer's consent. The agreement passed the 'better off overall test', as it provided employees with improved conditions and benefits, and there was no evidence that it would cause significant harm to the employer's business. The Full Bench concluded that the agreement met the statutory requirements and approved the application for registration.

As a result of the Court's decision, the Quickstep Technologies Pty Ltd New South Wales Agreement 2015 was registered and became a legally binding enterprise agreement between the employer and the employees. The agreement provided employees with improved conditions and benefits, including wage increases, improved leave entitlements and the introduction of a new grievance handling procedure. The employer was required to comply with the terms of the agreement, and the agreement provided a framework for future negotiations between the employer and the employees.

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