Ealwin Pty Ltd T/A EA Hire

[2014] FWCA 3999

FAIR WORK COMMISSION

DECISION

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

Ealwin Pty Ltd T/A EA Hire
(AG2014/1303)

EALWIN PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 17 JUNE 2014

Application for approval of the Ealwin Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe Ealwin Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ealwin Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 17 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Ealwin Pty Ltd, trading as EA Hire, and the Fair Work Commission (FWC) in relation to the approval of the Ealwin Pty Ltd Enterprise Agreement 2014-2018. The dispute arose when Ealwin sought the FWC's approval of the enterprise agreement, which was intended to govern the employment conditions of its employees. The application for approval was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that certain provisions of the agreement were not in the employees' best interests and did not comply with the Fair Work Act 2009.

The central legal issues before the FWC were whether the provisions of the enterprise agreement that the CFMEU objected to were contrary to the employees' best interests and whether these provisions complied with the Fair Work Act. The FWC had to consider the overall fairness and reasonableness of the agreement, including whether it provided a safety net for employees and whether it addressed key employment terms such as wages, hours of work, and other conditions of employment.

In its decision, the FWC examined the provisions in question and concluded that they did not contravene the employees' best interests. The FWC found that the provisions were reasonable and fair, providing adequate protections and benefits for the employees. The FWC also determined that the agreement complied with the statutory requirements of the Fair Work Act, including the safety net provisions. The FWC approved the Ealwin Pty Ltd Enterprise Agreement 2014-2018, rejecting the objections raised by the CFMEU.

The FWC's final order was the approval of the enterprise agreement as lodged, subject to the terms and conditions set out in the agreement itself. This decision ensured that the agreement would govern the employment terms of the employees, providing a clear framework for the employer and employees to follow during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established