DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ECM Pty Ltd
(AG2015/5043)

ECM MAINTENANCE AND SERVICES WORKPLACE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER ROE	SYDNEY, 7 OCTOBER 2015

Application for approval of the ECM Maintenance and Services Workplace Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ECM Maintenance and Services 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 recently sought approval for the ECM Maintenance and Services Workplace Agreement 2015 from the Fair Work Commission. The application was lodged by the company, ECM, seeking to have the agreement recognised as a registered workplace agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval, specifically whether it contained all the mandatory terms required by the Act and whether it was made in good faith.

The legal issues before the Commission included whether the agreement sufficiently outlined all the mandatory terms as required by the Act, and whether the agreement was made in good faith, taking into account the nature of the bargaining and the circumstances surrounding its formation. Additionally, the Commission considered whether the agreement adequately protected employees' rights and interests, in line with the Fair Work Act's objectives.

The Fair Work Commission found that the agreement did not meet the mandatory requirements of the Act, as it failed to include certain terms related to employee entitlements. Furthermore, the Commission determined that the agreement was not made in good faith, as there was evidence of coercion and an imbalance in bargaining power between the parties. As a result, the Commission refused to approve the agreement. The decision underscores the importance of ensuring that workplace agreements comply with statutory requirements and are negotiated fairly.

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