DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quingroup Labour Pty Ltd
(AG2020/1277)

QUINGROUP LABOUR SUB-DIVISION AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 1 JUNE 2020

Application for approval of the Quingroup Labour Sub-division Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Quingroup Labour Sub-division Agreement 2020 (the Agreement). The application was made by Quingroup Labour Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2020. The nominal expiry date of the Agreement is 28 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Quingroup Labour Pty Ltd recently sought approval from the Fair Work Commission for the Quingroup Labour Sub-division Agreement 2020. The application was contested by the Australian Manufacturing Workers’ Union, which raised concerns about the proposed sub-division's impact on employees' rights and protections. The Fair Work Commission was tasked with determining whether the agreement was in the best interests of the employees and whether it complied with the Fair Work Act 2009.

The central legal issues revolved around whether the proposed sub-division would result in any detrimental changes to the employees' working conditions and whether the agreement sufficiently safeguarded their rights. The court had to consider whether the agreement was fair and reasonable, taking into account the principles of good faith bargaining and the preservation of employee protections. Furthermore, the court examined whether the agreement met the requirements of the Fair Work Act, including the necessity to provide for minimum terms and conditions.

The Fair Work Commission, after carefully reviewing the evidence and submissions from both parties, concluded that the Quingroup Labour Sub-division Agreement 2020 did not result in any adverse changes to the employees' working conditions and was in their best interests. The Commission found that the agreement was fair and reasonable and complied with the statutory requirements. The Commission approved the agreement, emphasising the importance of maintaining a balance between the interests of the employer and the employees. The decision underscored the need for any changes to the sub-division to be in line with the principles of good faith bargaining and the Fair Work Act.

Quingroup Labour 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