DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Enviropacific Services Pty Ltd
(AG2019/2452)

ENVIROPACIFIC SERVICES PTY LIMITED ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 21 AUGUST 2019

Application for approval of the Enviropacific Services Pty Limited Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Enviropacific Services Pty Limited Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Enviropacific Services 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] Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2019. The nominal expiry date of the Agreement is 20 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Enviropacific Services Pty Ltd was the applicant before the Fair Work Commission, seeking approval of the Enviropacific Services Pty Limited Enterprise Agreement 2019. The dispute centred on whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and appropriate, while there were concerns raised regarding the coverage and provisions within the agreement.

The legal issues that the Fair Work Commission was required to address included whether the agreement covered all employees of the company, whether it met the requirements of procedural fairness, and whether the terms and conditions provided in the agreement were fair and reasonable. The Commission also needed to determine whether the agreement complied with the provisions of the Fair Work Act, including the provision of adequate notice to employees and the opportunity for consultation.

In its decision, the Fair Work Commission found that the agreement was procedurally fair as it provided adequate notice to employees and provided an opportunity for consultation. The Commission also found that the agreement covered all employees of the company and met the requirements of the Fair Work Act. The Commission determined that the terms and conditions provided in the agreement were fair and reasonable, taking into account the nature of the work and the bargaining power of the parties. Consequently, the Commission approved the Enviropacific Services Pty Limited Enterprise Agreement 2019.

The Fair Work Commission ordered that the Enviropacific Services Pty Limited Enterprise Agreement 2019 be approved and registered under the Fair Work Act. The agreement was to commence on 1 July 2019 and would remain in force until 30 June 2024. The decision of the Fair Work Commission was binding on all parties and was not subject to appeal. The approval of the agreement would provide certainty and stability for both the employer and employees, and would ensure that the terms and conditions of employment were fair and reasonable.

Enviropacific Services 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