DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EPSA Mechanical Pty Ltd
(AG2015/6284)

EPSA MECHANICAL (VICTORIA METAL ENGINEERING ON-SITE CONSTRUCTION) GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER GREGORY	SYDNEY, 3 DECEMBER 2015

Application for approval of the EPSA Mechanical (Victoria Metal Engineering On-Site Construction) Greenfields Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the EPSA Mechanical (Victoria Metal Engineering On-Site Construction) Greenfields Agreement 2015 (Agreement). The application was made by EPSA Mechanical Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, EPSA Mechanical Pty Ltd sought approval of the EPSA Mechanical (Victoria Metal Engineering On-Site Construction) Greenfields Agreement 2015. The dispute arose from negotiations between EPSA Mechanical, represented by the Electrical Trades Union, and Victoria Metal Engineering, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The agreement in question was intended to establish the terms and conditions of employment for workers involved in on-site construction projects at the Greenfields site.

The primary legal issue before the Commission was whether the agreement was genuinely negotiated and contained the necessary elements to be approved under the Fair Work Act 2009. The Commission had to assess if the agreement was made in good faith and if it provided for the minimum terms and conditions required by the Act. Additionally, the Commission needed to determine if the agreement's provisions were consistent with the Act and if it appropriately balanced the interests of both parties.

The Commission found that the agreement had been genuinely negotiated and contained all necessary elements for approval. It noted that the agreement provided for minimum terms and conditions that complied with the Act and balanced the interests of both EPSA Mechanical and Victoria Metal Engineering. The Commission was satisfied that the agreement was made in good faith and was fair and reasonable. Consequently, the Commission approved the agreement under section 232 of the Fair Work Act 2009.

The Fair Work Commission approved the EPSA Mechanical (Victoria Metal Engineering On-Site Construction) Greenfields Agreement 2015, confirming its compliance with the Fair Work Act 2009 and its genuine negotiation. The Commission's decision ensures that the agreement will govern the terms and conditions of employment for workers involved in on-site construction projects at the Greenfields site.

EPSA Mechanical 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