DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EON Workforce Pty Ltd T/A EON Workforce
(AG2015/833)

EON WORKFORCE PTY LTD WA OPERATIONS SINGLE ENTERPRISE AGREEMENT 2014

Passenger vehicle transport (non rail) industry
COMMISSIONER LEE	MELBOURNE, 22 APRIL 2015

Application for approval of the EON Workforce Pty Ltd WA Operations Single Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the EON Workforce Pty Ltd WA Operations Single Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EON Workforce Pty Ltd T/A EON Workforce. 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, 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 22 April 2015 and, in accordance with s.54 of the Act, will operate from 29 April 2015. The nominal expiry date of the Agreement is 21 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

EON Workforce Pty Ltd, trading as EON Workforce, applied to the Fair Work Commission for approval of the EON Workforce Pty Ltd WA Operations Single Enterprise Agreement 2014. The application was made under section 178 of the Fair Work Act 2009, which requires that the agreement be assessed for its compliance with various legal standards before it can be registered and enforced.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements for its approval and whether it contained terms that met the substantive requirements of the Fair Work Act. This included examining whether the agreement provided for the proper classification of employees, adequate minimum rates of pay, and the appropriate entitlements for employees in line with the relevant industrial instruments.

The Commission determined that the agreement was appropriately made and met all procedural requirements. It also found that the agreement contained terms that were consistent with the provisions of the Fair Work Act, including appropriate classification and remuneration provisions, as well as other employee entitlements. The Commission was satisfied that the agreement would not have an adverse effect on employees' job security or work conditions, and therefore approved the agreement for registration.

As a result of the approval, the EON Workforce Pty Ltd WA Operations Single Enterprise Agreement 2014 was registered by the Fair Work Commission, effective from the date of the decision. The agreement now serves as the legally binding contract between EON Workforce and its employees in Western Australia, governing various aspects of employment, including wages, hours of work, and other conditions of employment.

EON Workforce Pty Ltd T/A EON Workforce

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established