Econ Services Pty Limited Summary

[2014] FWCA 8498

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Econ Services Pty Limited
(AG2014/8147)

ECON SERVICES WA AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 28 NOVEMBER 2014

Application for approval of the ECon Services WA Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the ECon Services WA Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ECon Services Pty Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] In my view, the Consultation provision in clause 12 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[4] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[5] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54, will operate from 5 December 2014. The nominal expiry date of the Agreement is 27 November 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the case of Econ Services Pty Limited involved an application for approval of the ECon Services WA Agreement 2014. The applicant, Econ Services Pty Limited, sought the court's approval for the agreement under the Fair Work Act 2009. The dispute centred on whether the agreement provided adequate protections for employees and if it complied with the statutory requirements for approval. The respondents argued that the agreement did not sufficiently protect employees' rights and was, therefore, not in their best interests.

The legal issues before the court included whether the agreement met the statutory criteria for approval under the Fair Work Act 2009, specifically sections 233 and 234. The court had to determine if the agreement provided fair terms and conditions, including minimum wages and entitlements, and if it was in the best interests of the employees. Additionally, the court needed to consider whether the agreement adequately addressed the employees' rights and whether it complied with the procedural requirements for approval.

The court examined the provisions of the agreement and found that it did provide fair terms and conditions that met the minimum standards set by the Fair Work Act 2009. The court also concluded that the agreement was in the best interests of the employees, as it included provisions that protected their rights and provided for fair treatment. The court further found that the agreement complied with the procedural requirements for approval and that the application met the necessary statutory criteria. Consequently, the court approved the ECon Services WA Agreement 2014.

Econ Services Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established