DECISION

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

Ensign Services (Aust) Pty Ltd
(AG2021/4373)

ENSIGN DUDLEY PARK SA (MAINTENANCE) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 9 APRIL 2021

Application for approval of the Ensign Dudley Park SA (Maintenance) Enterprise Agreement 2020.

[1] Ensign Services (Aust) Pty Ltd has made an application for the approval of an enterprise agreement known as the Ensign Dudley Park SA (Maintenance) Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (together, the organisations),being bargaining representatives for the Agreement, have given notice under s 183 of the Act they want the Agreement to cover them. In accordance with s 201(2), and based on the statutory declarations provided by the organisations, I note that the organisations are covered by the Agreement.

[4] The Agreement was approved on 9 April 2021 and, in accordance with s 54, will operate from 16 April 2021. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ensign Services (Aust) Pty Ltd, sought approval of the Ensign Dudley Park SA (Maintenance) Enterprise Agreement 2020. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The primary issue was whether the agreement provided for the terms and conditions of employment of the employees in a fair and flexible manner, taking into account the needs of the employees and the employer.

The Fair Work Commission considered whether the agreement provided for minimum rates of pay and conditions that met or exceeded the relevant award or registered agreement, as well as whether it provided for a fair and reasonable process for the resolution of disputes. The Commission also considered whether the agreement provided for a fair and flexible working arrangements policy, and whether it included appropriate provisions for employee consultation and participation. After considering the evidence and submissions presented by both parties, the Fair Work Commission found that the agreement met the requirements of the Fair Work Act 2009. The Commission approved the agreement, which will now be binding on the parties from the date of the decision.

The Fair Work Commission approved the agreement, finding that it provided for the terms and conditions of employment in a fair and flexible manner. The Commission found that the agreement provided for minimum rates of pay and conditions that met or exceeded the relevant award or registered agreement, and that it provided for a fair and reasonable process for the resolution of disputes. The Commission also found that the agreement provided for a fair and flexible working arrangements policy, and that it included appropriate provisions for employee consultation and participation. The Fair Work Commission's decision provides clarity and certainty for both the employer and employees, and ensures that the agreement is compliant with the requirements of the Fair Work Act 2009.

Ensign Services (Aust) 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