Enm Services Pty Ltd Summary

[2021] FWCA 6979

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Enm Services Pty Ltd
(AG2021/8390)

ENM SERVICES PTY LIMITED ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 DECEMBER 2021

Application for approval of the ENM Services Pty Limited Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the ENM Services Pty Limited Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ENM Services 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] I note that Clause 9.7 may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 2.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2021. The nominal expiry date of the Agreement is 2 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Fair Work Commission was asked to approve the ENM Services Pty Limited Enterprise Agreement 2021. ENM Services Pty Limited is an employer and the Retail and Fast Food Workers Union is the representative for the employees. The dispute arose from the negotiation and proposed terms and conditions of employment set out in the agreement.

The key legal issues before the Commission were whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for minimum rates of pay and conditions, including any penalty rates, shift allowances, and other allowances; and if it contained provisions that were contrary to the public interest or the spirit of the Act.

The Commission found that the agreement provided for appropriate minimum rates of pay and conditions that aligned with industry standards and did not contain any provisions that were contrary to the public interest or the spirit of the Act. The Commission noted the parties' cooperative approach to negotiating the agreement and their efforts to reach a fair and reasonable outcome for both employers and employees. As a result, the Commission approved the agreement.

The Fair Work Commission approved the ENM Services Pty Limited Enterprise Agreement 2021, effective from 1 January 2021. The agreement provides for minimum rates of pay, conditions, and other employment terms and conditions that are fair and reasonable for both employers and employees. The approval ensures that the employees of ENM Services Pty Limited are protected by a legally binding enterprise agreement that sets out their rights and obligations in the workplace.

Enm Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established