Enermech Pty Ltd

[2013] FWCA 3946

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Enermech Pty Ltd
(AG2013/6922)

ENERMECH LTD, AMWU & AWU ESSO OFFSHORE CRANE MAINTENANCE ENTERPRISE AGREEMENT 2012 - 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 JUNE 2013

Application for approval of the Enermech Ltd, AMWU & AWU Esso Offshore Crane Maintenance Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Enermech Ltd, AMWU & AWU Esso Offshore Crane Maintenance Enterprise Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union (AWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AMWU and AWU.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 26 June 2013. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Enermech Pty Ltd, along with the Australian Manufacturing Workers Union and the Australian Workers Union, applied for the approval of the Enermech Ltd, AMWU & AWU Esso Offshore Crane Maintenance Enterprise Agreement 2012-2015. The dispute arose before the Fair Work Commission, as the applicants sought to have the agreement declared as a registered agreement under the Fair Work Act 2009. The application was made on the basis that the agreement was certified as a single-employer agreement by the Fair Work Commission's certification staff.

The central legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act and whether it complied with the provisions of the Act, including being a genuine agreement, free from any coercion or undue influence. The Commission had to consider the bargaining process, the content of the agreement, and whether it was made in good faith and without any unfair labour practices. Additionally, the Commission needed to ensure that the agreement did not undermine the minimum standards provided by the National Employment Standards and the Fair Work Act.

The Fair Work Commission examined the evidence presented regarding the bargaining process and found that the agreement was genuinely negotiated and not the result of any undue influence or coercion. The Commission assessed the terms and conditions of the agreement and determined that they were not detrimental to the employees. The agreement provided for fair and reasonable terms, including wages, hours of work, and other employment conditions. The Commission concluded that the agreement was made in good faith and did not contravene any provisions of the Fair Work Act.

As a result of the findings, the Fair Work Commission approved the Enermech Ltd, AMWU & AWU Esso Offshore Crane Maintenance Enterprise Agreement 2012-2015 as a registered agreement under the Fair Work Act 2009. The agreement was declared to be in effect from the date of the application, and the parties were bound by its terms until the expiration of the agreement on 30 June 2015.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established