DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EnerMech Pty Limited
(AG2018/3542)

ENERMECH PTY LIMITED NT GENERAL WORKS (MECHANICAL, ELECTRICAL AND INSTRUMENTATION) ENTERPRISE AGREEMENT 2018

Northern Territory
DEPUTY PRESIDENT BEAUMONT	PERTH, 15 NOVEMBER 2018

Application for approval of the EnerMech Pty Limited NT General Works (Mechanical, Electrical and Instrumentation) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the EnerMech Pty Limited NT General Works (Mechanical, Electrical and Instrumentation) 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 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.

[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 15 November 2018 and, in accordance with s.54, will operate from 22 November 2018. The nominal expiry date of the Agreement is 15 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

EnerMech Pty Limited applied to the Fair Work Commission for approval of the EnerMech Pty Limited NT General Works (Mechanical, Electrical and Instrumentation) Enterprise Agreement 2018. The dispute arose from disagreements over the terms of the proposed agreement and its implications for the employees and the employer. The Commission, led by Deputy President R J Bryant, was tasked with determining whether the agreement met the necessary legal criteria for approval.

The legal issues centred on whether the agreement provided for the proper operation of the enterprise, if it included terms that were fair and reasonable, and if it complied with the requirements set out in the Fair Work Act 2009. Specific contentions involved the definition of key terms, the remuneration and classification of employees, and the dispute resolution mechanisms outlined in the agreement. The Commission needed to assess these aspects to determine if the agreement would ensure fair and productive workplace relations.

The Fair Work Commission considered the evidence and submissions from both parties, assessing the agreement against the statutory requirements. It was determined that the agreement adequately addressed the operational needs of the enterprise and contained fair and reasonable terms for both parties. The Commission concluded that the agreement provided for the proper operation of the enterprise and was consistent with the principles of the Fair Work Act 2009. Therefore, the application for approval was successful.

The Fair Work Commission approved the EnerMech Pty Limited NT General Works (Mechanical, Electrical and Instrumentation) Enterprise Agreement 2018, effective from 1 March 2018. This decision ensures that the agreement is legally binding and can be implemented to regulate the employment terms and conditions of the relevant 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