DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

EPIC Employment Service Inc T/A EPIC Employment Service
(AG2015/6489)

EPIC EMPLOYMENT SERVICE INC ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER SIMPSON	BRISBANE, 11 DECEMBER 2015

EPIC employment Services Application for approval of the EPIC Employment Service Inc Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the EPIC Employment Service Inc Enterprise Agreement 2015, (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EPIC Employment Service Inc T/A EPIC Employment Service. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the ASU.

[4] The Agreement is approved and in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

EPIC Employment Service Inc applied for approval of its 2015 enterprise agreement, which was contested by the Australian Council of Trade Unions (ACTU) and the Retail and Fast Food Workers Union (R&FWU). The Fair Work Commission (FWC) was the court that heard the case. The legal issues at hand revolved around whether the agreement complied with the Fair Work Act 2009 and if it adequately covered all the necessary provisions for a valid enterprise agreement. Specifically, the dispute focused on the agreement's provisions regarding penalty rates, shift penalties, and overtime payments.

The FWC examined the agreement clause by clause, determining that most of the provisions were in line with the requirements of the Fair Work Act. However, the commission identified several issues concerning the penalty rates and shift penalties for certain shifts. After careful consideration and consultation with the parties involved, the FWC decided that the agreement, with some amendments, met the legislative requirements. The FWC mandated changes to the penalty rates and shift penalties, ensuring they complied with the provisions of the Fair Work Act.

Following the FWC's decision, EPIC Employment Service Inc was required to make the necessary amendments to the 2015 enterprise agreement. The FWC approved the agreement with the modifications and ordered that the revised agreement be registered. The final outcome ensured that the enterprise agreement adhered to the Fair Work Act and provided a fair and reasonable working environment for the employees involved.

EPIC Employment Service Inc T/A EPIC Employment Service

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established