EnerMech Pty Ltd

[2017] FWCA 6041

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

EnerMech Pty Ltd

(AG2017/3754)

EnerMech Pty Ltd Telecommunications Enterprise Agreement 2017

Manufacturing and associated industries
Commissioner Harper-Greenwell	SYDNEY, 16 NOVEMBER 2017

Application for approval of the EnerMech Pty Ltd Telecommunications Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the EnerMech Pty Ltd Telecommunications Enterprise Agreement 2017 (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.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 16 November 2017 and, in accordance with s.54, will operate from 23 November 2017. The nominal expiry date of the Agreement is 16 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

EnerMech Pty Ltd was the subject of an application to the Fair Work Commission for approval of the Telecommunications Enterprise Agreement 2017. The application was brought by the employer, EnerMech, which sought to have the agreement, which had been negotiated with the Communications, Electrical and Plumbing Union (CEPU), formally endorsed by the Commission. The dispute centred on whether the agreement met the legal requirements for endorsement under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained mandatory terms as required by the Act, and whether the negotiation process adhered to the principles of good faith bargaining. Additionally, the Commission had to consider whether the agreement provided for a fair and equitable outcome for both parties and if it complied with the relevant industrial laws.

The Commission examined the contents of the agreement to ensure that it included all mandatory terms, such as minimum wages, penalty rates, and leave entitlements. The Commission also assessed whether the negotiation process was conducted in good faith and if there was genuine bargaining between the parties. After thorough consideration, the Commission found that the agreement was fair and met all legal requirements for endorsement. The Commission concluded that the agreement was beneficial for both parties and approved it accordingly.

The Fair Work Commission approved the Telecommunications Enterprise Agreement 2017, finding that it met all the necessary legal criteria and was fair and reasonable. The Commission's decision was based on the comprehensive review of the agreement's contents and the negotiation process, confirming compliance with the Fair Work Act 2009. This approval ensures that the agreement can now be implemented, providing a stable framework for the employment relationship between EnerMech and the CEPU.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established