DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eftech Services Pty Ltd
(AG2020/2145)

EFTECH SERVICES PTY LTD ENTERPRISE AGREEMENT 2020 -2024

Oil and gas industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 AUGUST 2020

Application for approval of the Eftech Services Pty Ltd Enterprise Agreement 2020 -2024.

[1] An application has been made for approval of an enterprise agreement known as the Eftech Services Pty Ltd Enterprise Agreement 2020 -2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eftech Services Pty Ltd. 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. The undertakings are taken to be a term of 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 18 August 2020. The nominal expiry date of the Agreement is 10 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Eftech Services Pty Ltd, an employer, and a union representing its employees, were before the Fair Work Commission to seek approval of an enterprise agreement for the period 2020-2024. The dispute centred on the fairness and compliance of the proposed agreement with relevant industrial laws and standards. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issues addressed by the Commission involved assessing whether the agreement complied with the Fair Work Act 2009, specifically concerning the provisions related to minimum wages, penalty rates, and other employment conditions. The Commission also had to ensure that the agreement did not undermine the protections afforded to employees under the Act and that it was made in good faith. Additionally, the Commission considered the bargaining power of both parties and the process through which the agreement was negotiated.

The Commission found that the agreement was fair and complied with the relevant industrial laws. It was noted that the agreement provided for fair minimum wages and penalty rates, and that there was no evidence of unfair or coercive bargaining practices. The Commission also acknowledged the union's representation of the employees and the employer's willingness to negotiate in good faith. Based on these findings, the Commission approved the agreement, stating that it met the necessary criteria for fairness and compliance under the Fair Work Act.

The Fair Work Commission approved the Eftech Services Pty Ltd Enterprise Agreement 2020-2024, effective from the date of the decision. The approval signified that the agreement was fair, complied with industrial laws, and was made in good faith by both parties involved in the negotiations.

Eftech Services 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