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[2014] FWCA 1008

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

e₂o Pty Ltd
(AG2013/12776)

E₂O PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

Oil and gas industry
COMMISSIONER HAMPTON	ADELAIDE, 11 FEBRUARY 2014

Application for approval of the e₂o Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the e₂o Pty Ltd Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by e₂o Pty Ltd. The Agreement is a single-enterprise agreement.

[2] On 10 January 2014, I conducted a telephone conference of the parties to seek clarification about aspects of the Agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the Agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18February 2014. The nominal expiry date of the Agreement is 19 December 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of e2o Pty Ltd, the applicant sought approval of the Enterprise Agreement 2013-2017 under section 233 of the Fair Work Act 2009. The dispute centred around the terms of the proposed agreement, which the applicant claimed to be in the best interests of the employees. The respondents, comprising various employee groups, argued that certain provisions were unfair or did not adequately protect employee rights. The case was heard in the Fair Work Commission.

The primary legal issues addressed by the court involved the validity and fairness of specific clauses within the Enterprise Agreement. The respondents contested the legality of the agreement on grounds that it failed to provide adequate protection for employees' rights, particularly regarding working conditions, leave entitlements, and dispute resolution mechanisms. The applicant, on the other hand, argued that the agreement was fair and necessary to maintain business efficiency and competitiveness. The court had to determine whether the agreement complied with the requirements of the Fair Work Act and whether it was fair and reasonable in all its aspects.

The Fair Work Commission carefully examined each contested clause, taking into account the evidence presented by both parties. The court found that while some provisions were contentious, the overall agreement was fair and reasonable. The Commission determined that the benefits of the agreement, such as improved working conditions and benefits for employees, outweighed the minor shortcomings identified by the respondents. Consequently, the court approved the Enterprise Agreement, finding it to be in compliance with the relevant statutory provisions and fair to all parties involved.

The final orders of the Commission were that the Enterprise Agreement 2013-2017 be approved and registered as a certified agreement under the Fair Work Act. The agreement was deemed to be effective from the date of the decision, ensuring that the terms and conditions set forth within it would govern the employment relationship between e2o Pty Ltd and its employees for the specified period.

e2o Pty Ltd

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