DECISION

Fair Work Act 2009
s.185—Enterprise agreement

E & H Family Trust t/a Steamatic Gippsland
(AG2020/2886)

E & H FAMILY TRUST ENTERPRISE AGREEMENT 2020

Cleaning services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 28 OCTOBER 2020

Application for approval of the E & H Family Trust Enterprise Agreement 2020.

[1] Steamatic Gippsland has applied for approval of a single enterprise agreement known as the E & H Family Trust Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and the Agreement passes the better off overall test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[5] The Agreement was approved on 28 October 2020 and, in accordance with s.54, will operate from 4 November 2020. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the E & H Family Trust, trading as Steamatic Gippsland, applied for approval of the E & H Family Trust Enterprise Agreement 2020. The application was brought under the Fair Work Act 2009, seeking the agreement's registration to ensure it complied with the statutory requirements for enterprise agreements. The dispute involved whether the agreement met the necessary criteria for approval, particularly focusing on the process by which the agreement was negotiated and the compliance of the agreement's content with relevant legislative standards.

The primary legal issues the Commission had to address were whether the agreement was genuinely negotiated and if it contained the mandatory terms prescribed by the Fair Work Act. The Commission needed to determine if the process followed in reaching the agreement was fair and if the agreement's terms adhered to the legislative requirements for enterprise agreements. This included ensuring that the agreement was not detrimental to the employees covered by it and that it met the formal requirements for negotiation and documentation.

The Commission carefully examined the evidence provided by both parties and found that the agreement was genuinely negotiated between the employer and the employees' representatives. The process involved was deemed to be fair, with evidence of good faith bargaining and the inclusion of the mandatory terms required by the Act. The Commission also confirmed that the terms of the agreement did not unjustifiably disadvantage the employees and complied with all relevant legislative standards. Based on this assessment, the Commission approved the application and registered the E & H Family Trust Enterprise Agreement 2020.

E & H Family Trust t/a Steamatic Gippsland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established