DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quickway Solutions Pty Ltd T/A Quickway Solutions Pty Ltd
(AG2018/56)

QUICKWAY SOLUTIONS PTY LTD WORKPLACE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 JUNE 2018

Application for approval of the Quickway Solutions Pty Ltd Workplace Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Quickway Solutions Pty Ltd Workplace 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 Solutions Pty Ltd T/A Quickway Solutions Pty Ltd. The agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 29 June 2018 and, in accordance with s.54, will operate from 6 July 2018. The nominal expiry date of the Agreement is 28 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Quickway Solutions Pty Ltd trading as Quickway Solutions Pty Ltd, the Fair Work Commission was tasked with determining whether to approve the Workplace Agreement proposed by the company for its employees. The dispute arose from the submission of the agreement under the Fair Work Act 2009, which mandates the scrutiny of such agreements to ensure they meet specific criteria for fairness and compliance with the law. The case was heard before the Fair Work Commission, which is Australia's independent national workplace relations tribunal, responsible for resolving disputes and making decisions related to employment and workplace agreements.

The primary legal issue the Commission needed to address was whether the Workplace Agreement in question complied with the requirements set forth in the Fair Work Act 2009. This included assessing whether the agreement was genuinely made without coercion, whether it contained terms that were reasonably necessary to protect the legitimate interests of the employer, and whether it adhered to the requirements of the national employment standards and minimum terms and conditions outlined in the Fair Work Act. Additionally, the Commission had to consider whether the agreement was consistent with the principles of good faith bargaining and whether it provided for fair and equitable terms for both the employer and the employees.

Upon reviewing the evidence and submissions provided by both parties, the Commission found that the Workplace Agreement met the necessary criteria for approval. The agreement was determined to be genuinely made without any undue influence or coercion, and it contained terms that were reasonably necessary to protect the legitimate business interests of Quickway Solutions Pty Ltd. The Commission also found that the agreement did not adversely affect the rights and protections afforded to employees under the Fair Work Act and provided for terms and conditions that were fair and equitable. Therefore, the Commission approved the Workplace Agreement, confirming that it met the legislative standards for fairness and compliance.

The Fair Work Commission approved the Quickway Solutions Pty Ltd Workplace Agreement 2017, subject to the terms and conditions specified in the decision. This approval allowed the agreement to be implemented, ensuring that the employer and employees operated under a legally compliant framework that balanced the interests of both parties.

Quickway Solutions Pty Ltd T/A Quickway Solutions 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