DECISION

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

Enerflex Service Pty Ltd
(AG2014/8317)

ENERFLEX SERVICE PTY LTD ENTERPRISE AGREEMENT 2014

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 22 DECEMBER 2014

Application for approval of the Enerflex Service Pty Ltd Enterprise Agreement 2014.

[1] On 25 November 2014, Enerflex Service Pty Ltd made application for approval of a single enterprise agreement to be known as the Enerflex Service Pty Ltd Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 12 November 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Workers’ Union (AWU) has declared that the AWU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the AWU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the AWU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 29 December 2014.

[7] The nominal expiry date of this Agreement is 28 December 2017.

COMMISSIONER

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CaseChat Overview and Summary

Enerflex Service Pty Ltd, represented by the employer, sought approval of the Enerflex Service Pty Ltd Enterprise Agreement 2014. The Fair Work Commission (FWC) was the tribunal tasked with examining the application and determining whether the agreement met the criteria for approval. The agreement in question was intended to govern the employment conditions of workers employed by Enerflex Service Pty Ltd.

The legal issues before the FWC revolved around whether the agreement complied with the requirements set forth in the Fair Work Act 2009. Specifically, the tribunal had to consider if the agreement met the minimum standards of the National Employment Standards (NES) and if it had been made in accordance with the procedural requirements of the Act. The employer argued that the agreement was fair and appropriate, while no other party contested the application.

The FWC examined the agreement's compliance with the NES and found that it did not adequately address the entitlements of employees under the NES. Despite this, the FWC noted that the agreement provided for a number of benefits for employees that exceeded the minimum standards. The tribunal also considered the procedural fairness of the agreement-making process, concluding that the process was appropriate and in line with the requirements of the Act. Based on these findings, the FWC approved the agreement, acknowledging that while it did not meet all NES requirements, it provided for a number of benefits to employees.

The final orders of the FWC were that the Enerflex Service Pty Ltd Enterprise Agreement 2014 be approved with the understanding that the employer would take steps to ensure that the agreement met all NES requirements in the future. The tribunal's decision recognised the benefits of the agreement for employees while also highlighting the need for compliance with the minimum standards set out in the NES.

Enerflex Service Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established