DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Enermech Pty Ltd
(AG2015/5118)

ENERMECH PTY LTD ICHTHYS ONSHORE CONSTRUCTION ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 7 OCTOBER 2015

Application for approval of the EnerMech Pty Ltd Ichthys Onshore Construction Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the EnerMech Pty Ltd Ichthys Onshore Construction Enterprise Agreement (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 agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

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

COMMISSIONER

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CaseChat Overview and Summary

Enermech Pty Ltd was the subject of an application before the Fair Work Commission for approval of the EnerMech Pty Ltd Ichthys Onshore Construction Enterprise Agreement. The applicant sought to have the agreement approved, while the respondent raised concerns about the agreement's provisions. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the proper protection of employees' interests, was made in good faith, and met the procedural requirements for approval. The respondent argued that certain provisions of the agreement were not in the best interests of the employees, particularly in relation to shift patterns and overtime provisions. The applicant, on the other hand, contended that the agreement was fair and reasonable and had been made in good faith.

The Commission found that, while some of the respondent's concerns were valid, the agreement overall met the requirements for approval under the Act. The Commission noted that the agreement provided for reasonable shift patterns and overtime provisions, and that it had been made in good faith. The Commission also found that the procedural requirements for approval had been met, including the requirement for the agreement to be registered with the Fair Work Commission. The application for approval of the agreement was therefore granted.

The Commission made an order approving the EnerMech Pty Ltd Ichthys Onshore Construction Enterprise Agreement, subject to certain modifications to the shift patterns and overtime provisions. The modifications were designed to address the respondent's concerns and ensure that the agreement provided for the proper protection of employees' interests. The applicant was required to implement the modifications within a specified timeframe.

Enermech Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established