DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EC&M Limited
(AG2015/5178)

EC&M LIMITED CURTIS ISLAND LNG PROJECTS UNION AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 19 OCTOBER 2015

Application for approval of the EC&M Limited Curtis Island LNG Projects Union Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the EC&M Limited Curtis Island LNG Projects Union 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 EC&M Limited. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 was approved on 19 October 2015 and, in accordance with s.54, will operate from 26 October 2015. The nominal expiry date of the Agreement is 1 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

EC&M Limited recently appeared before the Fair Work Commission to seek approval of the EC&M Limited Curtis Island LNG Projects Union Agreement 2015. The dispute centred around whether the agreement adequately met the requirements of the Fair Work Act 2009, particularly in terms of its provisions for employee representation and dispute resolution. The Commission was tasked with determining if the agreement provided sufficient protections and mechanisms for resolving workplace issues in line with statutory standards.

The primary legal issues before the Commission involved the interpretation and application of sections of the Fair Work Act, specifically those concerning the content and enforceability of enterprise agreements. The Commission needed to assess whether the agreement was a "genuine" enterprise agreement, meaning it was made without any illegality, coercion, or improper conduct and provided for the proper regulation of employment terms and conditions. Additionally, the Commission had to consider whether the agreement met the specific requirements for the negotiation and content of enterprise agreements, including provisions for employee representation and dispute resolution mechanisms.

The Commission concluded that the agreement was genuine and met the statutory requirements. It found that the agreement had been made without any procedural irregularities or improper conduct and contained provisions that properly regulated employment terms and conditions. The Commission was satisfied that the agreement provided for adequate employee representation through the establishment of a joint consultative committee, which included representatives from both the employer and the employees. Furthermore, the agreement outlined clear and accessible dispute resolution processes, including mechanisms for addressing workplace grievances and resolving disputes. Given these findings, the Commission approved the agreement, confirming its compliance with the Fair Work Act.

As a result of the Commission's decision, the EC&M Limited Curtis Island LNG Projects Union Agreement 2015 was approved, and it will now govern the terms and conditions of employment for the relevant employees. The agreement will provide a framework for the regulation of workplace relations, ensuring that both the employer and employees have mechanisms to address and resolve any employment-related issues that may arise.

EC&M Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established