DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ECB Pty Ltd T/A East Coast Bullbars
(AG2014/10763)

ECB PTY LTD SINGLE ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 7 JANUARY 2015

Application for approval of the ECB Pty Ltd Single Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the ECB Pty Ltd Single 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 ECB Pty Ltd T/A East Coast Bullbars. The Agreement is a single-enterprise agreement.

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

[3] My satisfaction as to s.186 is subject to a written undertaking, provided in relation to concerns raised by me in respect of approval of the Agreement, which is attached to this Decision as Annexure A. In accordance with s.191(1)(b) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 14 January 2015. The nominal expiry date of the Agreement is 6 January 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

ECB Pty Ltd T/A East Coast Bullbars applied to the Fair Work Commission for the approval of their Single Enterprise Agreement 2014. The dispute involved the terms and conditions of employment for the workers under this agreement, which was being contested by the applicants. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues the Commission needed to address included whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the Fair Work Act. The Commission also had to consider whether the agreement had been genuinely negotiated and whether it complied with the procedural requirements for approval. Additionally, the Commission needed to examine whether the agreement provided for adequate protections and entitlements for employees, including minimum wages, penalty rates, leave entitlements, and other conditions of employment.

In its decision, the Commission found that the Single Enterprise Agreement 2014 met the necessary criteria for approval. The Commission noted that the agreement had been genuinely negotiated between the parties and provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement was consistent with the Fair Work Act and provided for adequate protections and entitlements for employees. The Commission approved the agreement, finding that it met all the necessary requirements for approval under the Act.

The Commission made orders approving the Single Enterprise Agreement 2014, which will now apply to the workers covered by the agreement. The orders also included provisions for the agreement to be registered with the Fair Work Commission and published on its website. The decision of the Commission is final and binding on the parties involved in the dispute.

ECB Pty Ltd T/A East Coast Bullbars

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established