DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eastcoast Development Engineering Pty Ltd
(AG2015/6994)

EDE REGIONAL WORKS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 18 JANUARY 2016

Application for approval of the EDE Regional Works Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the EDE Regional Works Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eastcoast Development Engineering 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2016. The nominal expiry date of the Agreement is 17 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Eastcoast Development Engineering Pty Ltd (EDE) filed an application for the approval of the EDE Regional Works Enterprise Agreement 2015 with the Fair Work Commission (FWC). The application involved a dispute over certain provisions of the proposed agreement, which aimed to regulate the terms and conditions of employment for EDE’s regional workforce. The matter was heard by Commissioner R M D Young, who was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the court were whether the agreement complied with the good faith bargaining provisions and the substantive provisions of the Fair Work Act. Specifically, the court needed to assess if the agreement was the product of genuine negotiations between the parties and if its terms were fair and reasonable. The dispute also raised questions about the definition of "employee" within the context of the agreement and the application of specific provisions to various classes of workers.

Commissioner Young concluded that the agreement was indeed the result of genuine negotiations and that it met the requirements of the good faith bargaining provisions. The court found that the substantive terms of the agreement were fair and reasonable, particularly in light of the economic context in which the negotiations took place. While some concerns were raised about the definition of "employee" and the application of certain provisions, the Commissioner determined that these issues did not significantly detract from the overall fairness of the agreement. Consequently, the application was approved, and the EDE Regional Works Enterprise Agreement 2015 was authorised.

Eastcoast Development Engineering 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