DECISION

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

Engage Us Pty Ltd
(AG2015/3157)

ENGAGE OPERATIONS AND MAINTENANCE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 8 OCTOBER 2015

Application for approval of the Engage Operations and Maintenance Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Engage Operations and Maintenance Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Engage Us 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 relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 30 September 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by Engage Us Pty Ltd for approval of the Engage Operations and Maintenance Enterprise Agreement 2015. The application was brought under the Fair Work Act 2009, which governs the terms and conditions of employment in Australia. The dispute centred on whether the agreement in question met the requirements of the Act, particularly concerning its compliance with the requirements for registration.

The central legal issues the court needed to address were whether the agreement complied with the formal requirements set out in the Act, whether it met the criteria for being a good-faith bargaining agreement, and if it contained the necessary provisions for employee protection. The court had to scrutinise the agreement to ensure it was not adversely affecting employees' rights and that it provided a fair and reasonable framework for the employment relationship.

The court examined the agreement clause by clause, considering its compliance with statutory provisions and the principles of good-faith bargaining. It determined that the agreement met all formal requirements and was the product of genuine negotiations between the parties. The court found that the agreement provided adequate protections for employees, including provisions for minimum wages, reasonable working hours, and dispute resolution mechanisms. As a result, the court approved the agreement, finding it to be fair and reasonable in all respects.

Following the approval, the court ordered that the Engage Operations and Maintenance Enterprise Agreement 2015 be registered and given effect, ensuring that it governed the employment conditions for the relevant employees as intended.

Engage Us 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