Epiroc Australia Pty Ltd Summary

[2022] FWCA 3023

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Epiroc Australia Pty Ltd

(AG2022/3577)

Perth Service Centre Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 1 SEPTEMBER 2022

Application for approval of the Perth Service Centre Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Perth Service Centre Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Epiroc Australia Pty Ltd. The Agreement is a single enterprise agreement.

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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2022. The nominal expiry date of the Agreement is 1 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case are Epiroc Australia Pty Ltd, the employer, and the Electrical Trades Union of Australia, representing the employees. The dispute revolves around the application for the approval of the Perth Service Centre Enterprise Agreement 2022. The Fair Work Commission heard the case. The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly sections concerning the procedural fairness and the substantive fairness of the agreement. The Commission needed to determine if the agreement was made in good faith and if it provided for fair and reasonable terms and conditions for the employees.

The Commission examined the procedural fairness of the agreement, considering whether the employer had provided adequate information to the employees and whether the employees had an opportunity to discuss and challenge the proposed terms. The Commission also assessed the substantive fairness of the agreement, focusing on whether the terms and conditions were fair and reasonable in all aspects, including pay and other conditions of employment. The Commission acknowledged that the agreement was the result of good faith negotiations between the parties and that the employees had been given a reasonable opportunity to discuss the terms. The Commission found that the proposed agreement was fair and reasonable and complied with the statutory requirements.

Based on its findings, the Commission approved the Perth Service Centre Enterprise Agreement 2022, effective from the date of the decision. The approval ensures that the terms and conditions set out in the agreement are legally binding on both the employer and the employees. The approval also ensures that the agreement provides for fair and reasonable terms and conditions of employment, in line with the objectives of the Fair Work Act 2009. The Commission's decision provides certainty and stability for both the employer and the employees, and it ensures that the agreement is compliant with the relevant legal requirements.

Epiroc Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established