Egans Personnel Pty Ltd T/A Egans Group

[2014] FWCA 6978

The attached document replaces the document previously issued with the above code on 3 October 2014.

This document corrects a typographical error in the preamble of the Enterprise Agreement.

Stevie Smith

Associate to Commissioner Riordan

Dated: 7 October 2014.

[2014] FWCA 6978

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Egans Personnel Pty Ltd T/A Egans Group
(AG2014/8780)

EGANS PERSONNEL PTY LTD NSW ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 3 OCTOBER 2014

Application for approval of the Egans Personnel Pty Ltd NSW Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known asthe Egans Personnel Pty Ltd NSW Enterprise Agreement 2014 - 2018 (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/as Egans Group (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 17 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Egans Personnel Pty Ltd, trading as Egans Group, applied for approval of their NSW Enterprise Agreement 2014-2018, which aimed to establish the terms and conditions of employment for their workers. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The application was made against the backdrop of the company's operations within the recruitment and employment sector, where the terms of employment for various roles needed to be clearly defined.

The primary legal issue before the FWC was whether the agreement fulfilled the requirements set out in the Fair Work Act, specifically whether it contained the minimum permissible terms and conditions as stipulated by the Act, and whether it had been fairly negotiated. The FWC had to ensure that the agreement did not underpay employees relative to the applicable awards, did not include provisions that were contrary to public policy, and was genuinely negotiated between the employer and the employees' representatives. Additionally, the FWC had to consider the impact of the agreement on the employees and whether it provided for fair and reasonable terms.

The FWC conducted a detailed analysis of the agreement, examining each clause against the legislative requirements and the principles of good faith bargaining. It was determined that the agreement did not contain any provisions that were contrary to public policy or that underpaid employees in comparison to the relevant awards. The FWC also found that the agreement had been negotiated in good faith between the employer and the employees' representatives, as evidenced by the submissions and the process followed. Consequently, the FWC approved the Egans Personnel Pty Ltd NSW Enterprise Agreement 2014-2018, recognising its compliance with the statutory requirements and its fair negotiation.

The final orders of the FWC included the approval of the enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman, and it would govern the employment terms and conditions of the workers for the specified period. This decision provided clarity and certainty for both the employer and the employees regarding their rights and obligations under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established