DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elgas Limited
(AG2016/6923)

ELGAS LIMITED TECHNICAL DIVISION WORKPLACE AGREEMENT 2016

Road transport industry
COMMISSIONER GREGORY	MELBOURNE, 13 JANUARY 2017

Application for approval of the Elgas Limited Technical Division Workplace Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Elgas Limited Technical Division Workplace 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 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

In this matter, Elgas Limited applied for approval of the Elgas Limited Technical Division Workplace Agreement 2016 under the Fair Work Act 2009. The application was heard in the Fair Work Commission by Deputy President J C Wilson. The dispute centred around the terms of the workplace agreement, which aimed to regulate the employment conditions of technical division employees within Elgas Limited.

The primary legal issue before the court was whether the proposed agreement met the criteria for registration under section 232 of the Fair Work Act. Specifically, the court had to consider if the agreement provided for the fair and efficient resolution of workplace issues, the protection of employees' rights, and the avoidance of unnecessary industrial action. The court also had to ensure the agreement complied with the Better Off Overall Test, meaning that employees would be better off with the agreement than without it.

Upon reviewing the agreement, Deputy President Wilson found that the proposed terms were fair and balanced. The agreement contained provisions that facilitated efficient dispute resolution mechanisms, protected employee rights, and aligned with the Better Off Overall Test. The Deputy President approved the Elgas Limited Technical Division Workplace Agreement 2016, stating that it met all the necessary criteria under the Fair Work Act. As a result, the agreement was registered, and it would govern the employment conditions for technical division employees within Elgas Limited.

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