DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Epic Wright Heaton Pty Ltd
(AG2018/6623)

EPIC WRIGHT HEATON PTY LTD ENTERPRISE AGREEMENT 2018

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 MARCH 2019

Application for approval of the Epic Wright Heaton Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Epic Wright Heaton Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Epic Wright Heaton 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2019. The nominal expiry date of the Agreement is 11 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Epic Wright Heaton Pty Ltd was heard. The dispute involved an application for the approval of an enterprise agreement. The applicant, Epic Wright Heaton Pty Ltd, sought to have the Enterprise Agreement 2018 approved under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the procedural and substantive requirements for approval, including compliance with the process set out in the Act and whether it was in the best interests of the employees covered by the agreement.

The Commission considered the procedural fairness of the agreement, including whether the applicant had genuinely bargained with the employees' representatives and whether the employees had been adequately informed about the agreement. The substantive fairness of the agreement was also examined, including the terms and conditions of employment, the rights and obligations of the employer and employees, and whether the agreement promoted harmonious, productive and equitable workplace relations. The Commission also assessed whether the agreement was in the best interests of the employees, taking into account the likely effect of the agreement on the employees' terms and conditions of employment.

After considering the evidence and submissions, the Commission found that the agreement was procedurally and substantively fair and in the best interests of the employees. The Commission noted that the applicant had genuinely bargained with the employees' representatives and that the employees had been adequately informed about the agreement. The Commission was satisfied that the agreement promoted harmonious, productive and equitable workplace relations and that it was in the best interests of the employees. The Commission approved the agreement, and the applicant was authorised to implement it.

Epic Wright Heaton 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