DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ellis Consolidated Pty Ltd
(AG2014/10109)

ELLIS CONSOLIDATED SINGLE ENTERPRISE AGREEMENT 2014

Asphalt industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 22 DECEMBER 2014

Application for approval of the Ellis Consolidated Single Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ellis Consolidated Single Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ellis Consolidated Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] In my view, the Consultation provision in clause 59 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[4] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[5] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54, will operate from 29 December 2014. The nominal expiry date of the Agreement is 21 December 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ellis Consolidated Pty Ltd was the applicant seeking approval of the Ellis Consolidated Single Enterprise Agreement 2014. The respondent was the Fair Work Commission. The dispute centred on whether the agreement, which included provisions for wages, hours of work, and other employment terms, met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with deciding on the application.

The primary legal issue was whether the agreement contained all the mandatory terms as required by section 223 of the Fair Work Act, and whether it complied with the procedural requirements for approval. This involved assessing whether the agreement had been fairly and properly negotiated and whether it provided for fair and reasonable terms and conditions of employment. The court also needed to determine if the agreement had been made in good faith and whether it satisfied the provisions of the Fair Work Act.

In its decision, the Fair Work Commission found that the Ellis Consolidated Single Enterprise Agreement 2014 contained all the mandatory terms required by the Fair Work Act. The commission also determined that the agreement had been fairly and properly negotiated and that it provided for fair and reasonable terms and conditions of employment. The commission was satisfied that the agreement was made in good faith and complied with all relevant provisions of the Fair Work Act. As a result, the Fair Work Commission approved the agreement.

The Fair Work Commission ordered that the Ellis Consolidated Single Enterprise Agreement 2014 be approved and registered as a single enterprise agreement under the Fair Work Act. This decision meant that the terms and conditions set out in the agreement would apply to the employees of Ellis Consolidated Pty Ltd, binding both the employer and the employees to the provisions of the agreement.

Ellis Consolidated Pty Ltd

DECISION

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Legal Principle Established