Enermech Pty Limited Summary

[2025] FWCA 1157

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Enermech Pty Limited

(AG2025/840)

ENERMECH PTY LIMITED NORTH WEST SHELF (PILBARA) ENTERPRISE AGREEMENT 2025

Oil and gas industry
COMMISSIONER SCHNEIDER	PERTH, 4 APRIL 2025

Application for approval of the EnerMech Pty Limited North West Shelf (Pilbara) Enterprise Agreement 2025

Enermech Pty Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the EnerMech Pty Limited North West Shelf (Pilbara) Enterprise Agreement 2025 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 April 2025. The nominal expiry date of the Agreement is 4 April 2029.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Enermech Pty Limited applied for approval of the EnerMech Pty Limited North West Shelf (Pilbara) Enterprise Agreement 2025. The application for approval concerned a proposed enterprise agreement between Enermech Pty Limited and its employees. The employees were represented by the Australian Manufacturing Workers' Union. The dispute involved the terms and conditions of employment, including wages, working conditions, and other employment-related matters, as proposed by the enterprise agreement.

The primary legal issue before the commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, including whether it had been negotiated in good faith, and whether it provided for a fair and efficient workplace. Another issue was whether the agreement provided for proper protections for employees, including minimum wages and conditions, and whether it complied with the process requirements of the Act. The commission also considered whether the agreement met the requirements for independent assessment and approval.

The commission found that the proposed enterprise agreement had been negotiated in good faith and provided for a fair and efficient workplace. The commission was satisfied that the agreement provided for proper protections for employees, including minimum wages and conditions, and that it complied with the process requirements of the Act. The commission also found that the agreement met the requirements for independent assessment and approval, and that the application for approval should be granted. The commission approved the EnerMech Pty Limited North West Shelf (Pilbara) Enterprise Agreement 2025.

Enermech Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established