DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ecliptic Installations T/A Ecliptic Australia Pty Ltd
(AG2017/5432)

ECLIPTIC AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 24 APRIL 2018

Application for approval of the Ecliptic Australia Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ecliptic Australia Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ecliptic Installations T/A Ecliptic Australia 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, 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 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.

[4] The Agreement was approved on 24 April 2018 and, in accordance with s.54, will operate from 1 May 2018. The nominal expiry date of the Agreement is 24 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission, in this matter, was asked to consider an application for the approval of the Ecliptic Australia Pty Ltd Enterprise Agreement 2017. The applicant, Ecliptic Installations, trading as Ecliptic Australia Pty Ltd, sought the Commission's approval of the agreement as a modern award. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, which represented employees of Ecliptic Installations.

The key legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions of employment and was free from any sham arrangements. The Commission also had to consider if the agreement had been made in good faith and if it complied with the procedural requirements outlined in the Act.

The Commission found that the agreement was made in good faith and met the requirements for approval. The terms of the agreement were deemed fair and reasonable, and there was no evidence of any sham arrangements. The Commission was satisfied that the agreement provided for proper remuneration and conditions of employment, and that it complied with the procedural requirements. Consequently, the Commission approved the agreement as a modern award.

The Commission's decision resulted in the Ecliptic Australia Pty Ltd Enterprise Agreement 2017 being approved as a modern award, effective from the date of the decision. This means that the terms and conditions set out in the agreement will apply to the employees of Ecliptic Installations, replacing any previous award or registered agreement. The decision ensures that the employees of Ecliptic Installations will be covered by a modern award, which provides for fair and reasonable terms and conditions of employment.

Ecliptic Installations T/A Ecliptic Australia 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