DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Envar Installation Pty Ltd
(AG2019/394)

ENVAR INSTALLATION PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 11 JUNE 2019

Application for approval of the Envar Installation Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Envar Installation Pty Ltd Enterprise 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 Envar Installation Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2019. The nominal expiry date of the Agreement is 10 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Envar Installation Pty Ltd, an applicant, sought approval for the Envar Installation Pty Ltd Enterprise Agreement 2019 before the Fair Work Commission. The applicant argued that the agreement contained appropriate provisions to ensure that employees were fairly compensated for their work, while also providing flexibility and efficiency in the workplace. The applicant was represented by counsel, while the respondent, the Electrical Trades Union of Australia, contested the application. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms and conditions of employment.

The central legal issue before the Commission was whether the terms of the agreement were fair and reasonable in accordance with section 234 of the Fair Work Act. This required an analysis of whether the agreement provided for fair and reasonable rates of pay and conditions of employment, including allowances, entitlements, and other benefits. The Commission also needed to consider whether the agreement provided for proper processes for resolving disputes and whether it complied with any relevant industrial instruments or awards. The applicant argued that the agreement provided for fair and reasonable terms, while the respondent contended that it was deficient in several respects.

The Commission found that the agreement contained appropriate provisions to ensure that employees were fairly compensated for their work, while also providing flexibility and efficiency in the workplace. The Commission noted that the agreement provided for rates of pay that were in line with industry standards and that it contained provisions for overtime, allowances, and other benefits. The Commission also found that the agreement provided for proper processes for resolving disputes and that it complied with relevant industrial instruments and awards. The Commission was satisfied that the agreement met the criteria for approval under the Fair Work Act.

The Commission approved the Envar Installation Pty Ltd Enterprise Agreement 2019, subject to certain conditions. The Commission ordered that the agreement be registered with the Fair Work Commission and that it be brought into effect on the date of registration. The Commission also ordered that certain provisions of the agreement be subject to review and that any disputes arising under the agreement be referred to the Fair Work Commission for resolution. Overall, the Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and that it met the criteria for approval under the Fair Work Act.

Envar Installation Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established