Eastern Height Safety Pty Ltd Summary

[2022] FWCA 3287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Eastern Height Safety Pty Ltd

(AG2022/3760)

Eastern Height Safety Pty Ltd Enterprise Agreement 2022 – 2026

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 SEPTEMBER 2022

Application for approval of the Eastern Height Safety Pty Ltd Enterprise Agreement 2022 - 2026

An application has been made by Eastern Height Safety Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Eastern Height Safety Pty Ltd Enterprise Agreement 2022 - 2026 (the Agreement).

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. The undertakings are taken to be a term of the Agreement.

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.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was lodged.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2022. The nominal expiry date of the Agreement is 20 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Eastern Height Safety Pty Ltd sought approval of an enterprise agreement covering the period 2022 to 2026. The applicant is a small construction company employing several workers. The Fair Work Commission (FWC) was required to determine whether the agreement should be approved under the Fair Work Act 2009. The legal issues centred on whether the agreement complied with the Act, particularly in terms of its provisions, and whether it was appropriately negotiated and made in good faith. The applicant argued that the agreement was fairly negotiated and beneficial to the employees, while no party contested the fairness of the agreement on substantive matters.

The FWC examined the negotiation process and the contents of the agreement. It considered whether there was genuine negotiation, whether the agreement was made in good faith, and if it contained the required minimum terms and conditions. The FWC noted that the agreement included provisions for wages, hours of work, leave, and other employment conditions, and that it did not mandate any terms below the applicable awards or the National Employment Standards. The applicant provided evidence of the negotiation process and submissions from both parties, which supported the conclusion that the agreement was made in good faith and fairly negotiated.

Having reviewed the evidence and submissions, the FWC determined that the enterprise agreement met the legislative requirements. The FWC was satisfied that the agreement was negotiated in good faith and contained all necessary minimum terms. The FWC approved the Eastern Height Safety Pty Ltd Enterprise Agreement 2022 - 2026. The final orders were that the agreement be approved as of 1 July 2022 and remain in force until 30 June 2026.

Eastern Height Safety Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established