DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Employment Advocacy Solutions Pty Ltd T/A Employer Protect
(AG2018/6906)

ELLIS CONSOLIDATED SINGLE ENTERPRISE AGREEMENT 2019-2022

Asphalt industry
COMMISSIONER MCKINNON	MELBOURNE, 14 JUNE 2019

Application for approval of the Ellis Consolidated Single Enterprise Agreement 2019-2022.

[1] Application has been made for approval of a single enterprise agreement known as the Ellis Consolidated Single Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Employment Advocacy Solutions Pty Ltd T/A Employer Protect.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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.202(4) of the Act, the model flexibility 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 21 June 2019. The nominal expiry date of the Agreement is 13 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Employment Advocacy Solutions Pty Ltd, trading as Employer Protect, applied to the Fair Work Commission for approval of the Ellis Consolidated Single Enterprise Agreement 2019-2022. The dispute involved the terms and conditions of employment for the company's employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal criteria for approval.

The primary legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009, particularly sections relating to the process for approving enterprise agreements and the substantive requirements that agreements must meet to be considered "better off overall." The Commission also needed to assess whether the agreement had been made in good faith and whether it had been appropriately negotiated.

The Fair Work Commission found that the agreement met all the statutory requirements for approval. It concluded that the agreement was made in good faith, involved appropriate negotiation, and provided a fair and reasonable outcome for all employees. The Commission was satisfied that the agreement would result in employees being no worse off financially and, in some cases, better off overall. The substantive terms of the agreement, including wages, working conditions, and other entitlements, were deemed to be fair and reasonable.

The Commission approved the Ellis Consolidated Single Enterprise Agreement 2019-2022, setting out the approved terms and conditions for the employees of Employment Advocacy Solutions Pty Ltd. The decision was made in accordance with the Fair Work Act 2009, and the agreement is now in effect, governing the employment relationship between the company and its employees.

Employment Advocacy Solutions Pty Ltd T/A Employer Protect

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established