DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EPP Solutions Pty Ltd
(AG2015/2854)

EPP SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2015

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 5 JUNE 2015

Application for approval of the EPP Solutions Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the EPP Solutions 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 EPP Solutions Pty Ltd. 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 5 June 2015 and, in accordance with s.54 of the Act, will operate from 12 June 2015. The nominal expiry date of the Agreement is 4 June 2019.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves EPP Solutions Pty Ltd, the employer, and the Transport Workers Union of Australia, the union representing the employees. The dispute pertains to the application for the approval of the EPP Solutions Pty Ltd Enterprise Agreement 2015. The case was heard in the Fair Work Commission. The primary legal issues before the Commission were whether the agreement met the necessary requirements for approval under the Fair Work Act 2009 and whether it complied with the relevant provisions of the Fair Work (Registered Organisations) Act 2009.

The Commission considered whether the agreement was genuinely negotiated between the employer and the union, and if it covered all the relevant employees. Furthermore, the Commission examined whether the agreement contained provisions that were contrary to public policy or that failed to comply with the minimum terms and conditions set out in the relevant awards or the National Employment Standards. After a thorough review of the evidence and submissions, the Commission found that the agreement met all the necessary requirements for approval and did not contravene any statutory provisions. Consequently, the Commission approved the EPP Solutions Pty Ltd Enterprise Agreement 2015. The final orders include the approval of the agreement and its registration with the Fair Work Commission, effective from the date of the decision.

EPP Solutions 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