DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Environmental Services Group Pty Ltd
(AG2015/5872)

ENVIRONMENTAL SERVICES GROUP PTY LTD ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 18 NOVEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Environmental Services Group Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Environmental Services Group Pty Ltd (the Company). The Agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement. A copy of the model consultation term was filed with the Agreement and is attached to the Agreement.

[3] On 12 November 2015 an undertaking was provided by Mr Heath Keenan, the Company’s Managing Director, in relation to long service leave, community service leave, requests for flexible working arrangements and superannuation. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54, will operate from 25 November 2015. The nominal expiry date is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Environmental Services Group Pty Ltd applied to the Fair Work Commission for approval of their 2015 Enterprise Agreement. The applicants sought to have the agreement certified as meeting the requirements of the Fair Work Act 2009. The nature of the dispute centred around the terms of the agreement and whether they complied with the relevant statutory provisions, particularly concerning the provisions for employee benefits and working conditions.

The legal issues before the court involved determining if the agreement provided for fair and reasonable terms and conditions of employment, ensuring that it did not disadvantage employees, and if it complied with the minimum entitlements stipulated by the Fair Work Act. The court also needed to assess if the agreement met the statutory requirements for good faith bargaining and if it provided for appropriate dispute resolution mechanisms.

The Fair Work Commission examined the agreement in detail, taking into account the submissions from both parties and any relevant precedent. The court found that the agreement provided for fair and reasonable terms and conditions of employment, did not disadvantage employees, and complied with the minimum entitlements as required by the Fair Work Act. The agreement was also deemed to be the product of good faith bargaining and included appropriate mechanisms for resolving disputes. Consequently, the court approved the agreement, finding it to be compliant with all statutory requirements.

The final orders of the court were to approve the Environmental Services Group Pty Ltd Enterprise Agreement 2015, allowing it to be registered and enforceable under the Fair Work Act. The court's decision provided certainty for both the employer and the employees, ensuring that the agreement met the necessary legal standards for approval.

Environmental Services Group 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