DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Epic Wright Heaton Pty Ltd
(AG2015/3673)

EPIC WRIGHT HEATON PTY LTD ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 1 JULY 2015

Application for approval of the Epic Wright Heaton Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Epic Wright Heaton Pty Ltd 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 Wright Heaton Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] The Agreement does not contain a consultation clause that meets the requirements of s.205(2) of the Act. Therefore, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] The Agreement does not contain a flexibility clause. Pursuant 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.

[4] 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2015. The nominal expiry date of the Agreement is 31 May 2018.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in the case were Epic Wright Heaton Pty Ltd, the employer, and the Electrical Trades Union of Australia, the union. The dispute was about the approval of the Epic Wright Heaton Pty Ltd Enterprise Agreement 2015. The case was heard by the Fair Work Commission, the relevant tribunal for employment matters in Australia.

The legal issues that the Commission needed to decide were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions for the employees.

The Commission found that the agreement was in the best interests of the employees and met the requirements of the Act. It provided for fair and reasonable terms and conditions for the employees, including provisions for minimum rates of pay, overtime, shift penalties, and other entitlements. The Commission was satisfied that the agreement had been negotiated in good faith and that it provided for a fair and reasonable outcome for both the employer and the employees. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the Epic Wright Heaton Pty Ltd Enterprise Agreement 2015, finding that it met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees and had been negotiated in good faith.

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