DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elli Projects Pty Ltd T/A Elli Projects
(AG2021/4538)

ELLI PROJECTS PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 21 APRIL 2021

Application for approval of the Elli Projects Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Elli Projects Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Elli Projects Pty Ltd T/A Elli Projects. The Agreement is a single enterprise agreement.

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

[3] The Agreement lodged contained a typographical error at clause 22.5(b), which refers to clause 11.4(b), instead of clause 22.4(b) of the agreement. On 21 April 2021, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act. The agreement is amended and clause 11.4(b) now refers to clause 22.4(b) of the agreement

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2021. The nominal expiry date of the Agreement is 20 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Elli Projects Pty Ltd, trading as Elli Projects, applied to the Fair Work Commission for approval of their Enterprise Agreement 2021. The application was made by the employer, and the Australian Council of Trade Unions (ACTU) was the only other party involved in the proceedings. The dispute centred around the terms and conditions outlined in the proposed agreement, and whether they complied with the relevant industrial and statutory provisions.

The primary legal issues the Commission had to address were whether the agreement provided for the minimum entitlements required by the Fair Work Act 2009, and if it met the requirements of the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission had to consider if the agreement was fairly negotiated and whether it adhered to the principles of good faith bargaining. The validity of specific clauses within the agreement, particularly those relating to employee entitlements and dispute resolution mechanisms, was also scrutinised.

In its reasoning, the Commission examined the submissions from both parties and the provisions of the relevant legislation. The Commission found that the proposed agreement satisfied the statutory minimum entitlements and adhered to the principles of good faith bargaining. The Commission determined that the agreement was fairly negotiated and met the legislative requirements. Consequently, the application for approval was granted.

The final orders of the Commission were that the Elli Projects Pty Ltd Enterprise Agreement 2021 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to commence on the first day of the first agreed pay period after the approval date, and it was to remain in effect until the earlier of its expiry or termination in accordance with the Fair Work Act 2009.

Elli Projects Pty Ltd T/A Elli Projects

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established