DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ennesty Energy Pty Ltd T/A Ennesty Energy
(AG2017/294)

ENNESTY ENERGY PTY LTD MANUFACTURING ENTERPRISE AGREEMENT 2016 - 2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 3 APRIL 2017

Application for approval of the Ennesty Energy Pty Ltd Manufacturing Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ennesty Energy Pty Ltd Manufacturing Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ennesty Energy Pty Ltd T/A Ennesty Energy. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on and, in accordance with s.54, will operate from 10 April 2017. The nominal expiry date of the Agreement is 30 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ennesty Energy Pty Ltd T/A Ennesty Energy brought an application for the approval of the Ennesty Energy Pty Ltd Manufacturing Enterprise Agreement 2016 - 2019 before the Fair Work Commission. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission was required to assess if the agreement contained the required minimum terms and conditions, whether it was free from prohibited content, and if it complied with the procedural fairness requirements.

The legal issues that arose for determination included whether the agreement provided for the requisite minimum entitlements, if it contained any impermissible terms, and if the process leading to the agreement was fair and just. Additionally, the court had to consider submissions from the parties and assess whether the agreement facilitated a cooperative workplace environment. The Fair Work Commission examined the agreement against the statutory framework and evaluated if it was likely to promote harmony, productivity, and efficiency in the workplace.

The Fair Work Commission found that the Ennesty Energy Pty Ltd Manufacturing Enterprise Agreement 2016 - 2019 met the necessary criteria for approval. The agreement provided for the required minimum terms and conditions, did not contain any prohibited content, and adhered to the procedural fairness requirements. The Commission was satisfied that the agreement facilitated a cooperative workplace environment and promoted harmony, productivity, and efficiency. As a result, the Fair Work Commission approved the agreement.

The Fair Work Commission ordered that the Ennesty Energy Pty Ltd Manufacturing Enterprise Agreement 2016 - 2019 be approved, effective from the date of the decision. This decision granted the agreement legal force and effect, allowing it to be applied in the workplace between the employer and the employees covered by the agreement. The approval ensured that the agreement would be binding on all parties, promoting a fair and cooperative working environment.

Ennesty Energy Pty Ltd T/A Ennesty Energy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established