DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ecowise Services (Australia) Pty Limited T/A Ecowise Services
(AG2018/2656)

ECOWISE SERVICES (AUSTRALIA) PTY LTD SINGLE ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 19 SEPTEMBER 2018

Application for approval of the Ecowise Services (Australia) Pty Ltd Single Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ecowise Services (Australia) Pty Ltd Single Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ecowise Services (Australia) Pty Limited T/A Ecowise Services. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2018. The nominal expiry date of the Agreement is 18 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Ecowise Services (Australia) Pty Limited, trading as Ecowise Services, applied for the approval of the Ecowise Services (Australia) Pty Ltd Single Enterprise Agreement 2018. The application involved employees who were part of the Metal and Engineering, Electrical and Electronic Industries and Mechanical and Engineering Divisions. The Fair Work Commission was required to determine whether the agreement met the statutory requirements for approval and whether it was consistent with the objects of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the legislative framework governing enterprise agreements. This involved assessing if the agreement had been made in good faith, if it provided for the proper operation of enterprises, and if it met the specific conditions outlined in the Fair Work Act. The Commission also needed to consider the fairness of the terms and conditions proposed in the agreement, particularly in relation to the employees' remuneration and working conditions.

The Fair Work Commission found that the proposed agreement was made in good faith and met the statutory requirements for approval. The Commission noted that the agreement provided for the proper operation of the enterprise and included provisions that aligned with the objects of the Fair Work Act. The terms and conditions proposed in the agreement were considered fair and reasonable, taking into account the nature of the work and the interests of both the employer and the employees. The Commission approved the application and certified the agreement as a single enterprise agreement.

The final order of the Fair Work Commission was that the Ecowise Services (Australia) Pty Ltd Single Enterprise Agreement 2018 be approved and certified as a single enterprise agreement. This decision effectively set the terms and conditions of employment for the employees covered by the agreement, providing a legally binding framework for their employment relationship.

Ecowise Services (Australia) Pty Limited T/A Ecowise Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established