DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Enviropacific Services Pty Ltd
(AG2015/4166)

ENVIROPACIFIC SERVICES PTY LIMITED ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 AUGUST 2015

Application for approval of the Enviropacific Services Pty Limited Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Enviropacific Services Pty Limited Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Enviropacific Services Pty Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 21 August 2015. The nominal expiry date of the Agreement is 20 August 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Enviropacific Services Pty Ltd sought approval for its Enterprise Agreement 2015. The case was heard in the Fair Work Commission, where the primary issue was whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement was genuinely bargained for, covered employees, and did not contravene any provisions of the Act.

The legal issues the court needed to address were whether the agreement was genuinely negotiated between the employer and employees, whether it covered all relevant employees, and whether it complied with the provisions of the Fair Work Act. The court examined the negotiation process and the contents of the agreement to determine if it was fairly and genuinely negotiated and if it met the requirements of the Act. The court also had to consider whether the agreement was appropriate for the employees it covered.

The Fair Work Commission found that the agreement was genuinely negotiated and met the requirements of the Act. The court was satisfied with the negotiation process and the contents of the agreement, and it was approved. The agreement covered all relevant employees and did not contravene any provisions of the Act. The court found that the agreement was appropriate for the employees it covered and approved it.

The Fair Work Commission approved the Enviropacific Services Pty Ltd Enterprise Agreement 2015, finding it to be genuinely negotiated, covering all relevant employees, and compliant with the Fair Work Act. The agreement was approved, and the employer could implement it.

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