DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elgas Limited
(AG2016/6995)

ELGAS LIMITED, AWU ENTERPRISE AGREEMENT 2016

Clerical industry
COMMISSIONER WILSON	MELBOURNE, 3 FEBRUARY 2017

Application for approval of the Elgas Limited, AWU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Elgas Limited, AWU 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 Elgas Limited. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2017. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Elgas Limited for approval of the Elgas Limited, AWU Enterprise Agreement 2016. The Australian Workers’ Union (AWU) represented employees within the agreement, and the dispute centred on the fairness and compliance of the agreement with the Fair Work Act 2009. The Commission was required to assess whether the agreement met the necessary criteria for registration and if it provided a fair and effective means of resolving workplace issues.

The primary legal issues before the Commission were whether the agreement was genuinely a product of bargaining between the parties, if it adhered to the procedural requirements set out in the Fair Work Act, and if it contained terms that were fair and reasonable. The Commission also needed to determine if the agreement met the threshold criteria for approval, including the protection of employee interests and compliance with minimum workplace standards.

The Commission examined the evidence and submissions presented by both parties. It found that the agreement had been genuinely negotiated between the parties and that the procedural requirements had been satisfied. The Commission also concluded that the agreement contained terms that were fair and reasonable, taking into account the specific circumstances of the workplace and the bargaining positions of the parties. The Commission was satisfied that the agreement met the threshold criteria for approval and, therefore, granted approval for the Elgas Limited, AWU Enterprise Agreement 2016.

The Fair Work Commission approved the Elgas Limited, AWU Enterprise Agreement 2016, recognising it as a genuine product of bargaining between the parties and compliant with the requirements of the Fair Work Act. The Commission found that the agreement contained fair and reasonable terms and met the necessary criteria for approval, ensuring that it provided a fair and effective means of resolving workplace issues.

Elgas Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established