Quickway Infrastructure Services Pty Ltd Summary

[2018] FWCA 2501

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Quickway Infrastructure Services Pty Ltd

(AG2017/6783)

Quickway Infrastructure Services Pty Ltd Agreement 2017

Building, metal and civil construction industries
Deputy President Colman	MELBOURNE, 4 MAY 2018

Application for approval of the Quickway Infrastructure Services Pty Ltd Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Quickway Infrastructure Services Pty Ltd Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quickway Infrastructure Services Pty Ltd. The agreement is a single enterprise agreement.

The Applicant 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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

The Agreement was approved on 4 May 2018 and, in accordance with s.54, will operate from 11 May 2018. The nominal expiry date of the Agreement is 4 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Quickway Infrastructure Services Pty Ltd applied for approval of the Quickway Infrastructure Services Pty Ltd Agreement 2017. The dispute centred around the terms and conditions of employment under the proposed enterprise agreement, with concerns raised by various stakeholders about the fairness and adequacy of the proposed conditions. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees involved.

The primary legal issues before the Commission included whether the proposed agreement complied with the provisions of the Fair Work Act, specifically sections relating to minimum entitlements, the process for making an enterprise agreement, and the substantive terms of the agreement. The Commission also needed to assess whether the agreement was made in good faith and whether it provided for fair and reasonable terms for the employees. Furthermore, the Commission examined whether the agreement appropriately balanced the interests of the employer and employees.

The Commission considered the evidence and submissions from both parties, assessing the substantive terms of the proposed agreement against the statutory requirements and principles of fairness. The Commission found that the agreement was made in good faith and provided for fair and reasonable terms for the employees. It determined that the agreement met the necessary legal standards and was in the best interests of the employees. Consequently, the Commission approved the Quickway Infrastructure Services Pty Ltd Agreement 2017.

Quickway Infrastructure Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established