DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Egans Personnel Pty Ltd T/A Egans Group
(AG2018/5987)

EGANS PERSONNEL PTY LTD NSW ENTERPRISE AGREEMENT 2018-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 FEBRUARY 2019

Application for approval of the Egans Personnel Pty Ltd NSW Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Egans Personnel Pty Ltd NSW Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Egans Personnel Pty Ltd T/A Egans Group. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 22 February 2019 and, in accordance with s.54, will operate from 1 March 2019. The nominal expiry date of the Agreement is 12 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Egans Personnel Pty Ltd T/A Egans Group, as the employer, brought an application before the Fair Work Commission to approve the Egans Personnel Pty Ltd NSW Enterprise Agreement 2018-2022. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, particularly whether it contained the necessary minimum terms and conditions as outlined in the Act.

The primary legal issue before the Commission was whether the agreement provided for the minimum terms and conditions specified under the Fair Work Act 2009 and whether it contained any provisions that might be considered contrary to public policy. The Commission also had to consider whether the agreement was made in good faith and whether it had been properly negotiated.

The Fair Work Commission found that the agreement contained all the required minimum terms and conditions as set out in the Fair Work Act 2009. The Commission noted that the agreement was comprehensive and covered a wide range of employment matters, including wages, hours of work, leave entitlements, and dispute resolution processes. The Commission also found that the agreement was made in good faith and that there was evidence of proper negotiation between the parties. Consequently, the Fair Work Commission approved the agreement, finding that it did not contain any provisions that were contrary to public policy.

The Fair Work Commission approved the Egans Personnel Pty Ltd NSW Enterprise Agreement 2018-2022, deeming it to meet all legal requirements and to be in compliance with the Fair Work Act 2009.

Egans Personnel Pty Ltd T/A Egans Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established