DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EnerMech Pty Ltd
(AG2020/3691)

ENERMECH PTY LTD & ETU SYDNEY INFRASTRUCTURE ENTERPRISE AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 DECEMBER 2020

Application for approval of the EnerMech Pty Ltd and ETU Sydney Infrastructure Enterprise Agreement 2020.

[1] EnerMech Pty Ltd has made an application for approval of an enterprise agreement known as the EnerMech Pty Ltd and ETU Sydney Infrastructure Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The application is generally in order however it appears from the employer’s declaration that the employees were not provided with a copy of the notice of employee representational rights (NERR) within 14 days of notification time. In all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 18 December 2020 and, in accordance with s 54, will operate from 25 December 2020. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

EnerMech Pty Ltd recently sought approval for its 2020 Enterprise Agreement with the Electrical Trades Union (Sydney Infrastructure). The company, an electrical contractor, and the union, representing the employees, entered into an agreement that the union was to present to the Fair Work Commission for endorsement. The Fair Work Commission, being the court in this matter, was tasked with determining whether the agreement complied with the necessary legal standards.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was in the best interests of the employees, whether it provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements set forth in the Act. Additionally, the Commission had to ensure that the agreement was not contrary to public policy or inconsistent with any other provisions of the Act.

In its decision, the Fair Work Commission found that the agreement met the necessary legal standards. The Commission considered the evidence provided by both parties and determined that the agreement was in the best interests of the employees. The Commission also found that the agreement provided for fair and reasonable terms and conditions and that it complied with the procedural requirements of the Act. Furthermore, the Commission found that the agreement was not contrary to public policy or inconsistent with any other provisions of the Act. As such, the Commission approved the agreement.

In light of the above, the Fair Work Commission approved the EnerMech Pty Ltd and ETU Sydney Infrastructure Enterprise Agreement 2020. The Commission found that the agreement met the necessary legal standards and was in the best interests of the employees. The agreement provides for fair and reasonable terms and conditions and complies with the procedural requirements of the Act. The Commission did not find any inconsistency with any other provisions of the Act. The agreement was, therefore, approved.

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