EC&M Limited Summary | CaseChat AU

[2014] FWCA 8319

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EC&M Limited
(AG2014/7894)

EC&M LIMITED NORTH WEST BASE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 NOVEMBER 2014

Application for approval of the EC&M Limited North West Base Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the EC&M Limited North West Base 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 EC&M Limited. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 19 November 2014 and, in accordance with s.54, will operate from 26 November 2014. The nominal expiry date of the Agreement is 26 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the matter were EC&M Limited, represented by their legal team, and their employees, who were represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the application for the approval of the EC&M Limited North West Base Enterprise Agreement 2014, which was to be assessed under the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The central legal issues that the Fair Work Commission was tasked with deciding were whether the proposed agreement complied with the relevant provisions of the Fair Work Act and if it contained appropriate terms and conditions for the employees. Specifically, the Commission had to examine if the agreement met the requirements for "better off overall and in the round" (BOOT) and if it contained the necessary provisions for minimum wage rates, leave entitlements, and other essential employment conditions.

The Fair Work Commission conducted a thorough examination of the proposed agreement, considering the economic and non-economic factors that impacted the employees. The Commission found that the agreement was fair and reasonable, meeting the requirements of the Fair Work Act. It was determined that the agreement provided employees with benefits that were better than their previous conditions, thus satisfying the BOOT test. Additionally, the agreement contained adequate provisions for minimum wage rates, leave entitlements, and other essential employment conditions. Consequently, the Fair Work Commission approved the EC&M Limited North West Base Enterprise Agreement 2014.

The Fair Work Commission's final orders were that the EC&M Limited North West Base Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. This approval would ensure that the employees of EC&M Limited would be covered by the terms and conditions set out in the agreement, providing them with fair and reasonable employment conditions.

EC&M Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established