DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Environmental Industries Pty Ltd
(AG2015/5180)

ENVIRONMENTAL INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 OCTOBER 2015

Application for approval of the Environmental Industries Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Environmental Industries Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Environmental Industries 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] The Agreement was approved on 16 October 2015 and, in accordance with s.54, will operate from 23 October 2015. The nominal expiry date of the Agreement is 16 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Environmental Industries Pty Ltd was the subject of an application to the Fair Work Commission for approval of their Enterprise Agreement 2015. The application arose from negotiations between the employer and the employees' union. The legal issues that the Commission was required to address included whether the agreement met the statutory requirements for approval, whether the agreement provided for fair and reasonable terms and conditions of employment, and whether the agreement was made in good faith and without coercion. The Commission found that the agreement satisfied all the legal requirements for approval. It provided for fair and reasonable terms and conditions of employment, was made in good faith, and without coercion. The Commission also found that the agreement provided for appropriate mechanisms for the resolution of disputes between the parties. As a result, the Commission approved the Enterprise Agreement 2015. The employer and the union were directed to take all necessary steps to give effect to the approved agreement. The approval of the agreement ensures that the employees of Environmental Industries Pty Ltd have a fair and reasonable enterprise agreement that provides for their terms and conditions of employment.

Environmental Industries 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