EC Projects Pty Ltd

[2019] FWCA 6805

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

EC Projects Pty Ltd

(AG2019/2803)

EC Projects Enterprise Agreement 2019

Building, metal and civil construction industries
Commissioner McKinnon	MELBOURNE, 2 OCTOBER 2019

Application for approval of the EC Projects Enterprise Agreement 2019.

Application has been made for approval of a single enterprise agreement known as the EC Projects Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by EC Projects Pty Ltd.

Written undertakings have been given in accordance with s.190 of the Act. 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 terms of the Agreement.

With 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 Applicant sought that the signature page of the Agreement copy to be published with this Decision be redacted so as to preserve the privacy of the employee signatory. I am satisfied that it is appropriate to make the order sought and do so under s.594 of the Act.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2019. The nominal expiry date of the Agreement is 1 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

EC Projects Pty Ltd recently appeared before the Fair Work Commission, where the company sought approval for their proposed 2019 Enterprise Agreement. The applicant, EC Projects, aimed to implement changes to employee conditions, including pay rates and working hours, which had been negotiated with the employees' representative. The dispute centred on whether the proposed agreement met the requirements under the Fair Work Act 2009, particularly concerning the 'better off overall test', which mandates that employees should not be worse off under the new agreement compared to their existing conditions.

The central legal issue before the Commission was whether the proposed agreement complied with the statutory provisions, specifically focusing on the 'better off overall test'. Additionally, the Commission had to assess whether the agreement adhered to the good faith bargaining principles and was made in a manner consistent with the Fair Work Act. The negotiation process and the provisions of the agreement had to be scrutinised to ensure they were fair and reasonable, and that they met the necessary standards for approval.

The Fair Work Commission, after carefully reviewing the negotiation process and the terms of the proposed agreement, determined that EC Projects had met the 'better off overall test'. The Commission found that the proposed changes did not disadvantage any employees and, in fact, provided some with improved conditions. Furthermore, the Commission was satisfied that the agreement was the product of good faith bargaining and was made in compliance with the statutory requirements. Consequently, the Commission approved the EC Projects Enterprise Agreement 2019.

No further orders were made by the Commission. The approval of the agreement signifies that it will now become the binding framework for employment conditions between EC Projects and its employees, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established