DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Encore Australia Holdings Pty Ltd T/A Encore Australia Holdings
(AG2018/2330)

ENCORE AUSTRALIA ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 SEPTEMBER 2018

Application for approval of the Encore Australia Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Encore Australia Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Encore Australia Holdings Pty Ltd T/A Encore Australia Holdings. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 17 September 2018 and, in accordance with s.54, will operate from 24 September 2018. The nominal expiry date of the Agreement is 17 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Encore Australia Holdings Pty Ltd, trading as Encore Australia Holdings, applied to the Fair Work Commission for approval of the Encore Australia Enterprise Agreement 2018. The application followed a negotiation process involving the company and the relevant unions. The crux of the dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the court encompassed whether the agreement complied with the procedural fairness and substantive provisions outlined in the Act. Specifically, the court had to examine if the bargaining process was genuinely conducted, if the agreement included all mandated terms and conditions, and if it adhered to the "better off overall test". Additionally, the court needed to assess if the agreement was free from any unlawful provisions or if it contravened any public policy considerations.

In deliberating on these matters, the Fair Work Commission considered the evidence provided by both parties, including the bargaining records, and testimonies from the involved representatives. The Commission determined that the agreement had been negotiated in good faith and satisfied the better off overall test. The Commission found that all mandated terms and conditions were included, and there were no unlawful provisions or public policy breaches. Consequently, the Commission approved the Encore Australia Enterprise Agreement 2018.

The final orders of the Commission mandated that the Encore Australia Enterprise Agreement 2018 be registered and come into effect from the specified date, thereby binding the parties to its terms. The approval was subject to the ongoing compliance with the Fair Work Act and its regulations.

Encore Australia Holdings Pty Ltd T/A Encore Australia Holdings

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established