DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quinworx Pty Ltd
(AG2021/5792)

QUINWORX PTY LTD & THE AUSTRALIAN WORKERS' UNION AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 12 JULY 2021

Application for approval of the Quinworx Pty Ltd & The Australian Workers' Union Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Quinworx Pty Ltd & The Australian Workers’ Union Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Quinworx Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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 Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2021. 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

In the Federal Court of Australia, the matter of Quinworx Pty Ltd was presented concerning the application for approval of the Quinworx Pty Ltd & The Australian Workers' Union Agreement 2021. The Applicant, Quinworx Pty Ltd, sought approval for the enterprise agreement, while the Australian Workers' Union acted as the relevant union for the employees. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The court was required to determine whether the agreement was genuinely an enterprise agreement, whether it was appropriately certified, and whether it complied with the statutory provisions of the Fair Work Act. A key issue was whether the agreement had been made in good faith and whether it included all the mandatory terms required by the Act. The court also needed to consider whether the agreement met the requirements for coverage and whether it adhered to the provisions regarding the resolution of disputes.

The court examined the process through which the agreement was made and certified, ensuring that all parties had an opportunity to be involved in the negotiation process. It was found that the agreement was genuinely an enterprise agreement, having been made in good faith, and included all the mandatory terms as required by the Act. The court also determined that the agreement met the statutory requirements for coverage and the resolution of disputes. Therefore, the court approved the Quinworx Pty Ltd & The Australian Workers' Union Agreement 2021.

Quinworx 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