DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quickway Constructions Pty Ltd
(AG2019/2624)

QUICKWAY CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 13 SEPTEMBER 2019

Application for approval of the Quickway Constructions Pty Ltd Enterprise Agreement 2019.

[1] Quickway Constructions Pty Ltd has applied for approval of a single enterprise agreement known as the Quickway Constructions Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, concerns were raised in relation to whether: the pre-approval requirements were met; the Agreement contravenes s.55 of the Act and passes the “better off overall” test. Further information was provided in relation to the concerns.

[3] The Australian Workers’ Union (AWU) was not a bargaining representative for the Agreement but sought to address the Commission in relation specific concerns about the application. Pursuant to s.590, the AWU was invited to inform the Commission in relation to its specified concerns.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representative did not provide any views or oppose the Undertakings. The AWU stated its concerns are resolved by the Undertaking. I am satisfied that the Undertakings will not result in substantial changes to, and will not cause cause financial detriment to any employee covered by, the Agreement. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] Noting clause 37.1 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and having regard to the Undertakings, 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.

[7] The Agreement was approved on 13 September 2019 and, in accordance with s.54, will operate from 20 September 2019. The nominal expiry date of the Agreement is 13 September 2023.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Quickway Constructions Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement 2019. The application was made under the Fair Work Act 2009, and the dispute centred on the procedural fairness and compliance of the agreement with the statutory requirements. The Commission was required to determine whether the agreement was fairly and properly made, and if it complied with the relevant provisions of the Act.

The legal issues for the Commission to consider included whether the agreement was made in good faith, whether there was proper consultation, and whether the agreement met the requirements for 'simple, concise and easy to understand' language. Additionally, the Commission had to assess whether the agreement was free from any unfair content and whether it was certified by a registered bargaining representative.

The Commission examined the evidence and submissions from both parties and concluded that the Enterprise Agreement 2019 was fairly and properly made. The Commission found that the agreement was made in good faith, with proper consultation, and met the statutory requirements for simplicity and understandability. Furthermore, the Commission determined that the agreement was free from any unfair content and that it was certified by a registered bargaining representative. Consequently, the Commission approved the agreement.

The final orders included the approval of the Quickway Constructions Pty Ltd Enterprise Agreement 2019, with the approval effective from the date of the Commission's decision. The approval was subject to any relevant variations or modifications that may be required in the future, in accordance with the provisions of the Fair Work Act 2009.

Quickway Constructions 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