DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ECM Pty Ltd
(AG2015/5042)

ECM CONSTRUCTION WORKPLACE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 7 OCTOBER 2015

Application for approval of the ECM Construction Workplace Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ECM Construction Workplace Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ECM 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 7 October 2015 and, in accordance with s.54, will operate from 14 October 2015. The nominal expiry date of the Agreement is 7 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ECM Pty Ltd, the applicant, sought approval of the ECM Construction Workplace Agreement 2015 from the Fair Work Commission. The agreement was between the company and its employees, including those in managerial positions. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 and whether it was appropriate for approval.

The primary legal issue before the Commission was whether the agreement satisfied the criteria set out in the Fair Work Act, specifically whether it provided for fair and reasonable terms, and whether it complied with the general protections provisions of the Act. Additionally, the Commission needed to consider whether the agreement was appropriately tailored to the specific circumstances of the company and its employees, and whether it provided a fair balance of rights and obligations.

The Commission found that the agreement met the necessary criteria and was appropriate for approval. The agreement provided for terms that were fair and reasonable, and it complied with the general protections provisions. The Commission also found that the agreement was tailored to the specific circumstances of the company and its employees and provided a fair balance of rights and obligations. The Commission approved the agreement, subject to certain modifications to address minor technical issues.

The Fair Work Commission approved the ECM Construction Workplace Agreement 2015, subject to the modifications. The approval was granted on the basis that the agreement provided for fair and reasonable terms, complied with the general protections provisions, and was appropriately tailored to the specific circumstances of the company and its employees.

ECM 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