DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Envirotank Limited Partnership T/A Envirotank
(AG2016/5500)

ENVIROTANK ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 21 OCTOBER 2016

Application for approval of the Envirotank Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Envirotank Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Envirotank Limited Partnership T/A Envirotank. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2016. The nominal expiry date of the Agreement is 31 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Envirotank Limited Partnership trading as Envirotank, sought approval for the Envirotank Enterprise Agreement 2016 in the Fair Work Commission. The dispute revolved around whether the proposed agreement met the necessary legal standards for approval, particularly in terms of its compliance with the Fair Work Act 2009 and its fairness to the employees covered by it. Envirotank argued that the agreement was fair and reasonable, while the respondent contended that it failed to meet the criteria for approval.

The central legal issue before the Commission was whether the proposed agreement provided for terms and conditions that were fair and reasonable, taking into account the various statutory requirements and the principles of good faith bargaining. The Commission needed to determine if the agreement fairly balanced the interests of both the employer and the employees and if it complied with all relevant provisions of the Fair Work Act.

After considering the submissions from both parties, the Fair Work Commission found that the Envirotank Enterprise Agreement 2016 was fair and reasonable. The Commission noted that the agreement addressed key terms and conditions in a balanced manner and complied with all statutory requirements. The Commission was satisfied that the agreement was the product of genuine good faith bargaining and that it met the necessary standards for approval under the Fair Work Act. Consequently, the Commission approved the agreement, acknowledging its compliance with the legal framework and its fairness to the employees it covered.

Envirotank Limited Partnership T/A Envirotank

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established