DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Entier Australia Pty Ltd
(AG2019/756)

ENTIER AUSTRALIA PTY LTD ONSHORE AGREEMENT 2019

Hospitality industry
COMMISSIONER GREGORY	MELBOURNE, 8 JULY 2019

Application for approval of the Entier Australia Pty Ltd Onshore Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Entier Australia Pty Ltd Onshore Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Entier Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has previously requested that the signature details of the employee bargaining representative for the Agreement be redacted. This request apparently came from the bargaining representative. A Full Bench of the Commission in The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd 1 recently considered the nature of the Commission’s ability to redact parts of the published version of an enterprise agreement. It concluded that it was not open to the Commission to make an order prohibiting or restricting publication of material that forms part of an approved enterprise agreement. However, it drew a distinction between the enterprise agreement as made, being the agreement approved by a vote of the employees, and the signed copy of the agreement, which must then be lodged with the application. It concluded that if an enterprise agreement, as made, does not include the details of the signatories to the agreement, then the Commission is not compelled to publish those details, although it may choose to do so.

[3] I am accordingly satisfied that it is appropriate to redact the details of the signatories to the signed copy of the Agreement, as those details were not included in the Agreement when made.

[4] The Employer 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2019. The nominal expiry date of the Agreement is 7 July 2023.

COMMISSIONER

Annexure A

1 [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Entier Australia Pty Ltd recently sought approval for the Entier Australia Pty Ltd Onshore Agreement 2019 from the Fair Work Commission. The applicant, Entier Australia, a company engaged in the mining and resources sector, sought to have the agreement recognised and approved under the Fair Work Act 2009. The dispute centred around whether the agreement met the legal criteria for approval, particularly concerning the rights and protections of employees within the agreement.

The legal issues the court had to decide involved assessing whether the agreement was a "single interest" enterprise agreement and whether it provided a safety net of minimum entitlements. Additionally, the court examined if the agreement was made in good faith and whether it allowed for appropriate processes to resolve disputes. The court also needed to determine if the agreement adequately covered the employees' terms and conditions of employment.

In delivering its decision, the Fair Work Commission found that the Entier Australia Pty Ltd Onshore Agreement 2019 was a genuine single interest enterprise agreement. The court confirmed that the agreement was made in good faith and provided a safety net of minimum entitlements. The Commission also determined that the agreement allowed for appropriate processes to resolve disputes and covered the terms and conditions of employment comprehensively. As a result, the court approved the agreement, finding it to be compliant with the requirements of the Fair Work Act 2009. The final orders included the approval of the agreement, which will now serve as a binding framework for the employment conditions of the employees covered by it.

Entier Australia 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