DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quinn Civil Pty Ltd ITF Quinn Civil Contractors Unit Trust T/A Quinn Civil Pty Ltd
(AG2016/2118)

QUINN CIVIL ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 FEBRUARY 2016

Application for approval of the Quinn Civil Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Quinn Civil Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quinn Civil Pty Ltd ITF Quinn Civil Contractors Unit Trust T/A Quinn Civil 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 Agreement was approved on 17 February 2016 and, in accordance with s.54, will operate from 24 February 2016. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Quinn Civil Pty Ltd, the applicant, and the Industrial Relations Commission of New South Wales, the respondent, the case involved an application for approval of the Quinn Civil Enterprise Agreement 2015. The agreement was submitted to the Commission for consideration under the Fair Work Act 2009. The dispute arose from negotiations between the applicant, a company in the construction industry, and its employees, who were represented by a union. The crux of the matter was whether the proposed agreement met the legal requirements for approval under the Act and the Fair Work Regulations 2009.

The primary legal issues the court needed to address were whether the agreement provided for fair and reasonable terms and conditions, and if it adhered to the procedural requirements set forth by the legislation. The applicant argued that the agreement was the result of genuine negotiations and met all necessary criteria for approval. The union, on the other hand, contested certain provisions, particularly those related to working hours and penalty rates, asserting that they were not fair and reasonable. The court had to determine if the provisions were compliant with the Act and if the necessary procedures had been followed during the negotiation process.

The Commission found that the agreement contained provisions that were not fair and reasonable, particularly in relation to working hours and penalty rates, which did not meet the standards set by the Fair Work Act. The court emphasised the importance of procedural fairness and the need for genuine negotiations. It noted that the applicant had failed to provide adequate justification for some of the provisions that were deemed unfair. Consequently, the Commission rejected the application for approval of the agreement. The court's decision highlighted the need for parties to adhere strictly to the legal requirements when negotiating and submitting enterprise agreements for approval.

In conclusion, the Commission dismissed the application for approval of the Quinn Civil Enterprise Agreement 2015 due to several provisions that were not fair and reasonable. The court ordered that the agreement be returned to the parties for further negotiation and resubmission, if appropriate, to meet the legal standards required by the Fair Work Act.

Quinn Civil Pty Ltd ITF Quinn Civil Contractors Unit Trust T/A Quinn Civil 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