Ellico Group Pty Ltd T/A Ellico Group Pty Ltd

[2024] FWCA 3968

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ellico Group Pty Ltd T/A Ellico Group Pty Ltd

(AG2024/3947)

ELLICO GROUP ENTERPRISE AGREEMENT 2024

Mining industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 13 NOVEMBER 2024

Application for approval of the Ellico Group Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ellico Group Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ellico Group Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, 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.

The Agreement is approved and will operate from 20 November 2024. The nominal expiry date of the Agreement is 12 November 2028.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ellico Group Pty Ltd, trading as Ellico Group Pty Ltd, sought approval of the Ellico Group Enterprise Agreement 2024 from the Fair Work Commission. The application was brought by the employer against the Fair Work Ombudsman, who sought to have the enterprise agreement disallowed on the basis that it did not meet the requirements of section 231 of the Fair Work Act 2009. The crux of the dispute centred around the procedural fairness and compliance of the agreement with relevant industrial relations laws.

The primary legal issue before the court was whether the enterprise agreement was made in accordance with the procedural requirements set out in section 231 of the Act, specifically whether the employer had taken all reasonable steps to ensure that employees were genuinely consulted and had an opportunity to provide input into the agreement. Additionally, the court had to determine if the agreement was consistent with the provisions of the Act and whether it met the criteria for approval as outlined in section 234.

In its decision, the court examined the evidence presented by the employer regarding the consultation process and found that the employer had indeed taken reasonable steps to involve the employees in the negotiation and formation of the agreement. The court was satisfied that the employer had provided employees with adequate notice of the proposed agreement, facilitated meetings for discussion, and allowed for feedback. Furthermore, the court determined that the agreement itself was consistent with the Fair Work Act and did not contravene any of its provisions. Given these findings, the court approved the Ellico Group Enterprise Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established