DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Engineering & Maintenance Solutions Pty Ltd
(AG2017/1966)

ENGINEERING & MAINTENANCE SOLUTIONS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 17 JULY 2017

Application for approval of the Engineering & Maintenance Solutions Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Engineering & Maintenance Solutions Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Engineering & Maintenance Solutions Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement lodged contained an error at Clause 4. On 13 July 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2017. The nominal expiry date of the Agreement is 4 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Engineering & Maintenance Solutions Pty Ltd applied for the approval of the Engineering & Maintenance Solutions Enterprise Agreement 2016. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The dispute involved whether the agreement adequately protected the rights of employees and whether it was free from prohibited content.

The central legal issue was whether the agreement complied with the statutory criteria under the Fair Work Act for being a registered enterprise agreement. This involved examining whether the agreement provided for a fair and equitable resolution of employees' rights and obligations, and whether it contained any content that was inconsistent with the Act's objectives. The Commission also needed to consider whether the agreement had been made in good faith and whether it had been appropriately negotiated.

The Fair Work Commission found that the agreement met the criteria for approval under the Fair Work Act. The Commission determined that the agreement provided for the fair and equitable resolution of the employees' rights and obligations, and it did not contain any prohibited content. Furthermore, the Commission was satisfied that the agreement had been made in good faith and was the result of appropriate negotiation processes. The Commission approved the agreement, highlighting that it effectively balanced the interests of both the employer and the employees.

The Fair Work Commission approved the Engineering & Maintenance Solutions Enterprise Agreement 2016, confirming its compliance with the Fair Work Act. This decision ensured that the agreement would now be a legally binding enterprise agreement, governing the employment terms and conditions for the relevant employees.

Engineering & Maintenance Solutions 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