EEM Equipment Pty Ltd Summary

[2013] FWCA 1000

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EEM Equipment Pty Ltd
(AG2012/14389)

EEM EQUIPMENT ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER GOOLEY	MELBOURNE, 13 FEBRUARY 2013

Application for approval of the EEM Equipment Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the EEM Equipment Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EEM Equipment 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.

[4] The Agreement was approved on 11 February 2013 and, in accordance with s.54, will operate from 18 February 2013. The nominal expiry date of the Agreement is 10 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE899858 PR534046>
ANNEXURE A

CaseChat Overview and Summary

EEM Equipment Pty Ltd, the applicant, sought approval of the EEM Equipment Enterprise Agreement, which aimed to govern the employment terms of certain employees. The Australian Industrial Relations Commission, specifically the Full Bench, was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009. The applicant argued that the agreement was appropriately negotiated and contained all the required provisions, including those concerning wages, working conditions, and dispute resolution mechanisms.

The legal issues before the Court centred on whether the agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act. Specifically, the Court needed to consider whether the agreement was genuinely negotiated and whether it contained all the prescribed minimum terms and conditions. Additionally, the Court had to examine whether the agreement would have a significant positive effect on workplace relations, as required by the Act.

The Court found that the agreement was indeed genuinely negotiated, as evidenced by the extensive bargaining process and the inclusion of all necessary parties. The Court also determined that the agreement contained all the prescribed minimum terms and conditions, and that it would have a significant positive effect on workplace relations. Consequently, the Court concluded that the agreement met all the statutory requirements and approved it under the Fair Work Act.

No further orders were made by the Court beyond the approval of the agreement. This decision confirms the validity of the EEM Equipment Enterprise Agreement, allowing it to govern the employment terms of the specified employees as intended.

EEM Equipment Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established