DECISION

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

EnerMech Pty Ltd
(AG2020/60)

ENERMECH PTY LTD CURTIS ISLAND ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 3 FEBRUARY 2020

Application for approval of the EnerMech Pty Ltd Curtis Island Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the EnerMech Pty Ltd Curtis Island Enterprise Agreement 2020 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2020. The nominal expiry date of the Agreement is 10 February 2024.

COMMISSIONER

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CaseChat Overview and Summary

EnerMech Pty Ltd sought approval of the Curtis Island Enterprise Agreement 2020, which was to govern the employment terms of certain workers. The application was made in the Fair Work Commission. The dispute centred on whether the agreement provided for the employees' pay and conditions in a fair and reasonable manner, as required by the Fair Work Act 2009. Additionally, the application was challenged on the basis that it did not appropriately reflect the employees' needs and interests.

The court had to decide whether the agreement met the criteria for being deemed as a "modern award" under the Fair Work Act. This involved examining if the agreement's provisions complied with the Act and if it provided for fair and reasonable terms and conditions for the employees. The court also needed to assess whether the agreement appropriately reflected the needs and interests of the employees, and if the process for developing the agreement was fair and transparent.

The court found that the agreement met the criteria for being approved. The terms and conditions of employment were fair and reasonable, and the agreement appropriately reflected the needs and interests of the employees. The court was satisfied that the process for developing the agreement was fair and transparent, and that the agreement complied with the requirements of the Fair Work Act. Therefore, the court approved the agreement.

EnerMech Pty Ltd's application for approval of the Curtis Island Enterprise Agreement 2020 was granted. The agreement was deemed to be a modern award, and the court approved it as meeting the requirements of the Fair Work Act. The agreement will now govern the employment terms of the relevant workers.

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