DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quinworx Pty Ltd
(AG2019/1565)

QUINWORX & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JUNE 2019

Application for approval of the Quinworx & The Australian Workers’ Union Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Quinworx & The Australian Workers’ Union Agreement 2019 (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.

[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 (AWU) 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 14 June 2019. The nominal expiry date of the Agreement is 28 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Quinworx Pty Ltd sought approval of an enterprise agreement between Quinworx and the Australian Workers' Union. The application was made to the Fair Work Commission, which was asked to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The primary issue was whether the agreement complied with the various statutory criteria for approval, including provisions regarding employee representation, bargaining, and procedural fairness.

The court examined whether the agreement contained all the mandatory terms specified in the Fair Work Act, and whether it had been made in good faith and without coercion. The agreement was also scrutinised to ensure that it provided for proper representation of employees, including the right to be consulted and to participate in the agreement's negotiation. Additionally, the court considered whether the agreement contained provisions that would ensure procedural fairness in the event of any disputes or changes to the agreement.

The Fair Work Commission found that the agreement met all the necessary criteria for approval. It was concluded that the agreement was made in good faith, without coercion, and included all the mandatory terms as required by the Act. The agreement also provided for proper employee representation and consultation, and contained provisions for procedural fairness in the event of disputes. Consequently, the Commission approved the Quinworx & The Australian Workers’ Union Agreement 2019. The approval was granted subject to the agreement being registered with the Fair Work Commission.

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