DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrical & Pumping Services Australia Pty Ltd T/A EPS Group Australia
(AG2016/1460)

ELECTRICAL & PUMPING SERVICES AUSTRALIA PTY LTD (MECHANICAL) GORGON PROJECT - BARROW ISLAND ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

Application for approval of the Electrical & Pumping Services Australia Pty Ltd (Mechanical) Gorgon Project - Barrow Island Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Electrical & Pumping Services Australia Pty Ltd (Mechanical) Gorgon Project - Barrow Island Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Electrical & Pumping Services Australia Pty Ltd T/A EPS Group Australia. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 22 June 2016 and, in accordance with s.54, will operate from 29 June 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Electrical & Pumping Services Australia Pty Ltd (Mechanical), trading as EPS Group Australia, an application was made for the approval of the Electrical & Pumping Services Australia Pty Ltd (Mechanical) Gorgon Project - Barrow Island Enterprise Agreement 2016. The application was heard in the Fair Work Commission. The dispute centred around the approval of an enterprise agreement proposed between the employer and its employees, specifically those involved in the Gorgon Project on Barrow Island.

The legal issues that the court had to address involved the validity and appropriateness of the proposed agreement under the Fair Work Act 2009. Key considerations included whether the agreement met the requirements for "simplified bargaining" and whether it was consistent with the "no disadvantage test". The court also needed to determine if the agreement provided for a fair and efficient method of resolving disputes between the employer and employees.

The Fair Work Commission examined the evidence presented by both parties and considered the principles of fairness and efficiency in enterprise agreements. The court found that the proposed agreement satisfied the necessary criteria under the Fair Work Act, including the "no disadvantage test", which ensures that employees are not worse off under the new agreement compared to their previous conditions. The Commission also noted the agreement's provisions for dispute resolution, which were deemed to be fair and efficient. Consequently, the Commission approved the Electrical & Pumping Services Australia Pty Ltd (Mechanical) Gorgon Project - Barrow Island Enterprise Agreement 2016.

The Fair Work Commission's decision was to approve the proposed enterprise agreement, confirming its compliance with the relevant legislative requirements. This approval ensures that the agreement can be implemented, providing a framework for the employer-employee relationship in the Gorgon Project on Barrow Island.

Electrical & Pumping Services Australia Pty Ltd T/A EPS Group Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established