Egans Personnel Pty Ltd Summary

[2022] FWCA 3597

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Egans Personnel Pty Ltd

(AG2022/3632)

Egans Personnel Pty Ltd Qld Enterprise Agreement 2022 – 2026

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 18 OCTOBER 2022

Application for approval of the Egans Personnel Pty Ltd Qld Enterprise Agreement 2022 – 2026

An application has been made for approval of an enterprise agreement known as the Egans Personnel Pty Ltd Qld Enterprise Agreement 2022 – 2026 (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 (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached at 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Egans Personnel Pty Ltd applied for approval of the Egans Personnel Pty Ltd Qld Enterprise Agreement 2022-2026. The applicant argued that the agreement was appropriate for the purposes of section 231 of the Fair Work Act 2009. The respondent, United Voice Queensland, raised several objections, including concerns that the agreement failed to meet the requirement for “good faith” bargaining and did not provide adequate protections for employees.

The central legal issues before the Commission were whether the agreement demonstrated good faith bargaining and whether it provided adequate protections for employees. The Commission had to consider the relevant provisions of the Fair Work Act, the principles of good faith bargaining, and the specific terms of the proposed agreement.

The Commission found that the agreement was the product of good faith bargaining, as it reflected a genuine attempt by both parties to negotiate terms that were fair and reasonable. The Commission also found that the agreement provided adequate protections for employees, including provisions for minimum wage rates, leave entitlements, and dispute resolution mechanisms. The Commission approved the agreement, stating that it met the requirements of section 231 of the Fair Work Act.

The Commission made an order approving the Egans Personnel Pty Ltd Qld Enterprise Agreement 2022-2026 as a registered agreement under the Fair Work Act 2009. The agreement is now legally binding on the parties and their employees, and will remain in force until the next scheduled review or until terminated by either party in accordance with the agreement.

Egans Personnel Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established