DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EnerMech Pty Limited
(AG2020/3723)

ENERMECH PTY LIMITED (VIC) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 24 DECEMBER 2020

Application for approval of the EnerMech Pty Limited (VIC) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the EnerMech Pty Limited (VIC) Enterprise Agreement 2020 (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 Limited. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2020. The nominal expiry date of the Agreement is 24 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

EnerMech Pty Limited applied for approval of the EnerMech Pty Limited (VIC) Enterprise Agreement 2020. The application was made to the Fair Work Commission, and the respondent was the Australian Manufacturing Workers' Union. The dispute centred on whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues for the Commission to determine were whether the agreement was made in accordance with the procedural requirements of the Act, and whether it was in the best interests of the employees it covered. Specifically, the Commission needed to assess whether the agreement had been made free from coercion, duress, or any other form of unfair conduct, and whether it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement had been made in compliance with the procedural requirements and that there was no evidence of unfair conduct in its formation. Furthermore, it was determined that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, hours of work, leave, and dispute resolution mechanisms. The Commission concluded that the agreement was in the best interests of the employees it covered and approved it accordingly.

In approving the agreement, the Commission made an order that the EnerMech Pty Limited (VIC) Enterprise Agreement 2020 be registered with the Fair Work Commission. This decision ensures that the terms and conditions outlined in the agreement are legally binding on both the employer and the employees.

EnerMech Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established