Enermech Pty Ltd

[2024] FWCA 3401

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Enermech Pty Ltd

(AG2024/3085)

ENERMECH PTY LIMITED QLD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 27 SEPTEMBER 2024

Application for approval of the EnerMech Pty Limited QLD Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the EnerMech Pty Limited QLD Enterprise Agreement 2024 (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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement does not contain a delegates’ rights term compliant with the Act. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Hydrocarbons Industry (Upstream) Award 2020 and Manufacturing and Associated Industries and Occupations Award 2020 respectively, are taken to be a term of the Agreement.

I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

deductions on termination - clause 7.7

However, noting clause 2.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Enermech Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement. The agreement was proposed to cover employees of the company in Queensland. The nature of the dispute centred around whether the agreement complied with the Fair Work Act 2009 and its associated regulations, particularly with respect to minimum entitlements and procedural fairness. The application was heard in the Fair Work Commission, the body responsible for regulating workplace relations in Australia.

The legal issues that the Commission had to address included whether the agreement provided for minimum entitlements as required by the Act, if the agreement was negotiated in good faith, and whether the consultation process met the standards set by the Act. Furthermore, the Commission had to determine if the agreement complied with the relevant provisions of the Fair Work (Registered Organisations) Act 2009 and whether it adhered to the principles of procedural fairness.

The Commission found that the proposed agreement satisfied the requirements of the Act and was negotiated in good faith. It was determined that the agreement provided for all minimum entitlements and that the consultation process was adequate. The Commission concluded that the agreement was fair and reasonable and approved it, noting that it would provide certainty and stability to the workforce. The approval of the agreement ensures that it will be binding on the parties and enforceable in the workplace.

The Fair Work Commission approved the EnerMech Pty Limited QLD Enterprise Agreement 2024, effective from the date of the decision. The agreement will now be binding on all parties and enforceable in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established