DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ensign Services (Aust) Pty Ltd
(AG2018/5313)

ENSIGN DUDLEY PARK SA (MAINTENANCE) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 11 JANUARY 2019

Application for approval of the Ensign Dudley Park SA (Maintenance) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ensign Dudley Park SA (Maintenance) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ensign Services (Aust) 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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] 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.

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

[6] The Agreement was approved on 11 January 2019 and, in accordance with s.54, will operate from 18 January 2019. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ensign Services (Aust) Pty Ltd, an employer, applied for the approval of the Ensign Dudley Park SA (Maintenance) Enterprise Agreement 2018. The Fair Work Commission (FWC) was tasked with determining whether the agreement was suitable for registration. The application arose from negotiations between the employer and the employees, represented by the United Voice union, resulting in the proposed enterprise agreement. The dispute centred on whether the agreement complied with the relevant industrial relations laws and if it met the criteria for being deemed suitable for approval.

The key legal issues before the FEW were whether the agreement contained all the mandated terms, including minimum wage rates, and if it was made in good faith and without coercion. The employer argued that the agreement was fair and reasonable and met all the necessary requirements. The union contended that certain aspects of the agreement did not align with the Fair Work Act 2009 and suggested amendments to ensure compliance. The FWC examined the agreement's provisions, taking into account the bargaining positions of the parties and the principles of good faith bargaining.

The FWC found that while the agreement was generally well-drafted and covered most mandated terms, it contained some errors and omissions that needed rectification. The FWC noted that the parties had engaged in good faith negotiations and that the agreement reflected the bargaining process. After considering the submissions from both parties and making the necessary amendments, the FWC approved the agreement, finding it to be suitable for registration. The court considered the overall fairness of the agreement and the good faith efforts of the parties in reaching the agreement.

The FWC ordered that the Ensign Dudley Park SA (Maintenance) Enterprise Agreement 2018, as amended, be registered. This decision ensured that the agreement would govern the employment conditions of the relevant employees, providing a framework for their wages, conditions, and other employment terms. The registration of the agreement provided legal certainty and stability for both the employer and employees involved.

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