EastCoast Management Services Pty Ltd

[2013] FWCA 2660

FAIR WORK COMMISSION

DECISION

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

EastCoast Management Services Pty Ltd
(AG2013/5820)

EASTCOAST MANAGEMENT SERVICES ENTERPRISE AGREEMENT 2013

Miscellaneous
DEPUTY PRESIDENT ASBURY	BRISBANE, 1 MAY 2013

Application for approval of the EastCoast Management Services Enterprise Agreement 2013.

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

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

[3] On 30 April 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 8 May 2013. The nominal expiry date of the Agreement is 1 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

EastCoast Management Services Pty Ltd applied to the Fair Work Commission for approval of the EastCoast Management Services Enterprise Agreement 2013, which sought to establish terms and conditions of employment for its employees. The application followed the standard process outlined in the Fair Work Act 2009, whereby the agreement must be considered for its compliance with statutory requirements and its adherence to the principles of good faith bargaining and fairness. The nature of the dispute was centred around specific provisions of the agreement that some employee representatives claimed were not in line with legal standards, particularly regarding the dismissal provisions and the handling of disputes between the employer and employees.

The legal issues before the Commission involved whether the provisions of the agreement complied with the statutory requirements under the Fair Work Act and the Fair Work Regulations 2009, and whether they were fair and reasonable in the context of good faith bargaining. The Commission needed to assess whether the agreement provided adequate protection to employees and whether it allowed for effective dispute resolution mechanisms. Furthermore, the Commission had to determine if the process of reaching the agreement was conducted in good faith, with genuine consultation between the parties.

The Fair Work Commission, after careful examination of the agreement and the process through which it was negotiated, determined that the EastCoast Management Services Enterprise Agreement 2013 was compliant with the statutory requirements and adhered to the principles of good faith bargaining and fairness. The Commission found that the provisions were reasonable and did not unfairly disadvantage the employees, and that the dispute resolution mechanisms were effective and appropriate. The Commission was satisfied that the process of negotiation was genuine and that the agreement reflected a fair outcome for both parties. Consequently, the Commission approved the agreement, enabling it to be registered and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established