EnerMech Pty Limited

[2022] FWCA 3370

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

EnerMech Pty Limited

(AG2022/4000)

Enermech Pty Ltd Electrical and Instrument Agreement Lytton Refinery 2022-2025

Electrical contracting industry
COMMISSIONER SPENCER	BRISBANE, 29 SEPTEMBER 2022

Application for approval of the EnerMech Pty Ltd Electrical and Instrument Agreement Lytton Refinery 2022-2025

An application has been made for approval of an enterprise agreement known as the Enermech Pty Ltd Electrical and Instrument Agreement Lytton Refinery 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Enermech Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU), 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 ETU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2022. The nominal expiry date of the Agreement is 30 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

EnerMech Pty Limited applied for approval of the EnerMech Pty Ltd Electrical and Instrument Agreement Lytton Refinery 2022-2025 with the Fair Work Commission. The agreement was a collective agreement between EnerMech and the Electrical Trades Union of Australia and the Electrical Communication Union of Australia. The agreement sought to cover electrical and instrumentation workers employed by EnerMech at the Lytton Refinery in Queensland over the period 2022 to 2025. The application was made under the Fair Work Act 2009, which provides a mechanism for the approval of certain industrial agreements by the Fair Work Commission.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees. The Commission considered whether the agreement met the criteria for approval under the Act, including whether it was made in good faith, whether it provided for genuine terms and conditions of employment, and whether it promoted harmonious, productive and cooperative workplace relations. The Commission also considered whether the agreement would be likely to have a detrimental effect on the employees.

After considering the evidence and submissions from the parties, the Commission found that the agreement was made in good faith and provided for genuine terms and conditions of employment. The Commission was satisfied that the agreement promoted harmonious, productive and cooperative workplace relations and would not be likely to have a detrimental effect on the employees. The Commission also found that the agreement met all the criteria for approval under the Fair Work Act. Accordingly, the Commission approved the agreement.

The Commission made an order approving the EnerMech Pty Ltd Electrical and Instrument Agreement Lytton Refinery 2022-2025 as a registered agreement under the Fair Work Act. The agreement will now apply to the employees covered by it from 1 July 2022 until 30 June 2025, unless it is terminated earlier in accordance with its terms or the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established