DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ealwin Operations Pty Ltd
(AG2020/3890)

EALWIN OPERATIONS PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 2 FEBRUARY 2021

Application for approval of the Ealwin Operations Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Ealwin Operations Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ealwin Operations 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 are relevant to this application for approval and have been met.

[4] I observe that clause 10.8.8 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.4.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54, will operate from 9 February 2021. The nominal expiry date of the Agreement is 1 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Ealwin Operations Pty Ltd recently had its enterprise agreement application reviewed in the Fair Work Commission. The applicant, Ealwin Operations Pty Ltd, sought approval for its 2020 Enterprise Agreement. The application involved the Fair Work Commission’s assessment of whether the agreement met the necessary criteria under the Fair Work Act 2009. The dispute centred around the provisions within the agreement that related to employee entitlements, including wages, hours of work, and other conditions of employment.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement fairly reflected the terms and conditions of employment and if it complied with the “better off overall test.” This test ensures that employees are not worse off financially and have at least the same conditions as those previously set by an award or agreement. The Commission also had to consider if the agreement was free from any illegal or unfair terms.

In its decision, the Fair Work Commission carefully examined the provisions of the agreement against the statutory criteria. The Commission found that the agreement met the requirements under the Fair Work Act 2009. It satisfied the better off overall test and contained no illegal or unfair terms. The Commission concluded that the agreement fairly reflected the terms and conditions of employment and provided a reasonable balance of rights and obligations for both the employer and employees. Consequently, the application for approval was successful.

Ealwin Operations 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