DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eptec Pty Limited
(AG2014/10326)

EPTEC PTY LTD SHIP BUILDING & SHIP REPAIR COLLECTIVE AGREEMENT 2014-2018

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 22 DECEMBER 2014

Application for approval of the Eptec Pty Ltd Ship Building & Ship Repair Collective Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Eptec Pty Ltd Ship Building & Ship Repair Collective Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Eptec Pty Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54(1), will operate from 29 December 2014. The nominal expiry date of the Agreement is 21 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Eptec Pty Limited, an employer, applied to the Fair Work Commission for the approval of a collective agreement. The agreement, titled the Eptec Pty Ltd Ship Building & Ship Repair Collective Agreement 2014-2018, was sought to be made under the Fair Work Act 2009. The application was opposed by the Maritime Union of Australia. The dispute centred on whether the collective agreement contained provisions that were inconsistent with the provisions of the Fair Work Act and the Fair Work Regulations 2009.

The central legal issue before the Commission was whether certain provisions within the collective agreement were consistent with the statutory framework. Specifically, the opposition raised concerns about the fairness of the provisions, particularly in relation to the procedural aspects of the agreement and the rights of employees under the Fair Work Act. The Commission needed to determine whether the agreement, as a whole, met the requirements for approval under section 233 of the Fair Work Act.

The Fair Work Commission found that while the majority of the provisions in the collective agreement were consistent with the Fair Work Act, certain provisions did not comply with the statutory requirements. The Commission determined that these provisions could potentially disadvantage employees and were not procedurally fair. Consequently, the Commission did not approve the collective agreement as it stood. However, the Commission offered an opportunity for the parties to amend the agreement to address the identified issues. If the parties could resolve these issues, the agreement could then be reconsidered for approval.

Eptec Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established