Earthtrack Solutions Pty Ltd Summary

[2014] FWCA 3938

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Earthtrack Solutions Pty Ltd
(AG2014/6263)

EARTHTRACK SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 13 JUNE 2014

Application for approval of the Earthtrack Solutions Pty Ltd Enterprise Agreement 2014.

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

[2] The Applicant 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 Agreement was approved on 13 June 2014 and, in accordance with s.54, will operate from 20 June 2014. The nominal expiry date of the Agreement is 7 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the court was an application by Earthtrack Solutions Pty Ltd for approval of their Enterprise Agreement 2014. The agreement was intended to govern the employment terms and conditions of certain employees within the company. The application was heard in the Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the agreement met the statutory requirements for approval, including compliance with the procedural fairness requirements, and whether the agreement was genuinely an enterprise agreement, as defined by the Fair Work Act. Additionally, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, taking into account the needs of the enterprise, employees, and employers.

The Fair Work Commission considered the submissions made by both Earthtrack Solutions Pty Ltd and the union representing the employees. The Commission reviewed the process by which the agreement was negotiated and concluded that the process met the procedural fairness requirements. The Commission also found that the agreement was genuinely an enterprise agreement as it covered an enterprise defined by the Act and addressed the terms and conditions of employment for the relevant employees. Furthermore, the Commission determined that the agreement provided for fair and reasonable terms and conditions, taking into account the needs of all parties involved.

As a result, the Fair Work Commission approved the Earthtrack Solutions Pty Ltd Enterprise Agreement 2014, making it legally binding on the parties involved. This approval ensures that the terms and conditions of employment are governed by the agreement, providing certainty and stability in the workplace.

Earthtrack Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established