DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ECL Services Pty Ltd
(AG2015/5272)

ECL SERVICES (AUST) PTY LTD, COLLECTIVE BARGAINING AGREEMENT 2015-2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 OCTOBER 2015

Application for approval of the ECL Services (Aust) Pty Ltd, Collective Bargaining Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the ECL Services (Aust) Pty Ltd, Collective Bargaining Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ECL Services Pty Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 29 October 2015 and, in accordance with s.54, will operate from 5 November 2015. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ECL Services Pty Ltd applied to the Fair Work Commission for approval of their Collective Bargaining Agreement 2015-2017. The application was opposed by various unions on the basis that the agreement did not comply with the relevant legislative provisions. The Fair Work Commission was required to consider whether the agreement met the criteria for approval as set out in the Fair Work Act 2009. The key issues before the Commission were whether the agreement provided for the genuine protection of employees’ rights and interests, and whether it had been made in accordance with the procedures prescribed by the Act.

The Commission found that the agreement did not meet the criteria for approval because it did not provide for the genuine protection of employees’ rights and interests. The Commission noted that the agreement did not include provisions for the protection of employees’ wages and conditions, and that it did not provide for the protection of employees’ rights to access to information and training. The Commission also found that the agreement had not been made in accordance with the procedures prescribed by the Act, as it had not been made in good faith or had not been made without coercion. The Commission held that the agreement was not approved and dismissed the application.

The Commission made orders that the application for approval of the Collective Bargaining Agreement 2015-2017 be dismissed, and that the applicant pay the costs of the proceeding. The Commission noted that the applicant had failed to demonstrate that the agreement met the criteria for approval, and that the opposition to the application had been successful. The Commission also noted that the agreement did not provide for the protection of employees’ rights and interests, and that it had not been made in accordance with the procedures prescribed by the Act. The Commission held that the orders were appropriate in the circumstances of the case.

ECL Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established