Ecofab Australasia Pty Ltd

[2013] FWCA 9161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ecofab Australasia Pty Ltd
(AG2013/11160)

ECOFAB AUSTRALASIA PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 21 NOVEMBER 2013

Application for approval of the Ecofab Australasia Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ecofab Australasia Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Ecofab Australasia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 10 October 2013.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 28 November 2013. The nominal expiry date of the Agreement is 28 November 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Ecofab Australasia Pty Ltd sought approval of the Ecofab Australasia Pty Ltd Enterprise Agreement 2013. The application involved the company's employees, who were represented by the Electrical Trades Union of Australia. The primary issue before the court was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved examining if the agreement was made in good faith, provided for proper bargaining, and satisfied the procedural requirements for approval.

The legal issues encompassed whether the agreement contained terms that were unfair or contrary to public policy, and whether the parties had genuinely negotiated and reached an agreement. Additionally, the court had to determine if the agreement adequately addressed the interests of the employees, including their remuneration, working conditions, and other employment terms. The court also considered whether the agreement complied with the minimum standards set out in the Fair Work Act.

The Commission found that the agreement was made in good faith and that the parties had genuinely negotiated the terms. It was determined that the agreement met the procedural requirements and did not contain any terms that were unfair or contrary to public policy. The Commission was satisfied that the agreement provided for the employees' interests adequately, including their remuneration and working conditions. Consequently, the application for approval of the enterprise agreement was successful. The Commission issued a certificate of approval, authorising the agreement to be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established