Engertrol Pty Ltd Summary

[2014] FWCA 1761

The attached document replaces the document previously issued with the above code on 14 March 2014.

To rectify a typographical error in the employer name.

Bronwyn Brown

Associate to Deputy President Lawrence

Dated 14 March 2014

[2014] FWCA 1761

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Engertrol Pty Ltd
(AG2014/469)

ENGERTROL GLNG PROJECT UNION GREENFIELDS AGREEMENT

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 14 MARCH 2014

Application for approval of the Engertrol GLNG Project Union Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Engertrol GLNG Project Union Greenfields Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Australian Workers’ Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 21 March 2014. The nominal expiry date of the Agreement is 1 year.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Engertrol Pty Ltd applied for approval of the Engertrol GLNG Project Union Greenfields Agreement. The respondent, Australian Workers' Union, objected to the agreement on the grounds that it did not provide adequate protections for workers and that it failed to comply with certain provisions of the Fair Work Act 2009. The application was brought before the Full Bench of the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Act.

The legal issues before the Commission were whether the agreement provided adequate protections for employees and if it complied with the requirements of the Fair Work Act. The Commission considered the provisions of the Act, the terms of the agreement, and the submissions of both parties. The Fair Work Act requires that an enterprise agreement provides for fair and reasonable terms and conditions of employment and that it does not undermine the ability of employees to protect their health, safety and welfare.

The Commission found that the agreement provided adequate protections for employees and complied with the requirements of the Fair Work Act. The Commission noted that the agreement contained provisions for minimum wages, leave entitlements, and dispute resolution mechanisms, which were consistent with the provisions of the Act. The Commission also found that the agreement did not undermine the ability of employees to protect their health, safety, and welfare. The Commission approved the Engertrol GLNG Project Union Greenfields Agreement, and the application was successful.

The Full Bench of the Fair Work Commission approved the Engertrol GLNG Project Union Greenfields Agreement, finding that it met the necessary criteria under the Fair Work Act. The agreement was deemed to provide adequate protections for employees and to comply with the requirements of the Act. This decision provides guidance to employers and unions in relation to the approval of enterprise agreements under the Fair Work Act.

Engertrol Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established