DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Environmental Vegetation Management Australia Pty Ltd T/A Environmental Vegetation Management Unit Trust
(AG2017/6593)

EVM AUSTRALIA ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	SYDNEY, 28 MAY 2018

Application for approval of the EVM Australia Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the EVM Australia Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Environmental Vegetation Management Australia Pty Ltd T/A Environmental Vegetation Management Unit Trust. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 28 May 2018 and, in accordance with s.54, will operate from 4 June 2018. The nominal expiry date of the Agreement is 1 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Environmental Vegetation Management Australia Pty Ltd, trading as Environmental Vegetation Management Unit Trust, lodged an application for the approval of the EVM Australia Enterprise Agreement 2017 with the Fair Work Commission. The application was made under section 234 of the Fair Work Act 2009. The agreement was being sought to be made applicable to employees who are part of the EVM Australia Unit Trust, including those who are members of the Australian Manufacturing Workers Union (AMWU). The nature of the dispute was the validity and fairness of the proposed agreement, which sought to regulate various aspects of employment, including wages, conditions of employment, and dispute resolution mechanisms.

The legal issues the court was required to decide included whether the agreement was genuinely a product of genuine bargaining, whether it met the statutory requirements for being registered, and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the court had to consider whether the agreement was consistent with the objects of the Fair Work Act, including promoting high levels of employment and avoiding industrial disputes. The court also examined the procedural fairness in the bargaining process and whether the agreement complied with the minimum standards set out in the Act.

The Fair Work Commission, after thorough examination, found that the agreement was the result of genuine bargaining efforts between the employer and the union. The Commission determined that the agreement satisfied the statutory requirements for registration and was consistent with the objects of the Fair Work Act. It found that the terms and conditions of employment were fair and reasonable, and the dispute resolution mechanisms were appropriate. The Commission approved the application and registered the EVM Australia Enterprise Agreement 2017, ensuring it would apply to the specified employees. The decision underscored the importance of ensuring that enterprise agreements promote fair and effective industrial relations practices.

Environmental Vegetation Management Australia Pty Ltd T/A Environmental Vegetation Management Unit Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established