Eptec Pty Ltd Summary

[2023] FWCA 2470

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Eptec Pty Ltd

(AG2023/2584)

DEFENCE SOLUTIONS SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 8 AUGUST 2023

Application for approval of the Defence Solutions South Australia Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Defence Solutions South Australia Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Eptec Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 4 August 2023.

There is one National Employment Standard (NES) issue that requires comment:

· Clause 8.7 sets out circumstances where an employee is deemed to have abandoned their employment but does not specify that an employee is entitled to payment of notice of termination in accordance with ss.117–123 of the Act.

Clause 7.1 of the Agreement acts as an effective NES precedence clause. As a result of the NES precedence clause, the clause 8.7 will not apply to the extent that it is inconsistent with the NES.

The Construction, Forestry, Mining and Energy Union, 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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 14 August 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Eptec Pty Ltd, sought approval from the Fair Work Commission of the Defence Solutions South Australia Enterprise Agreement 2023. The application was opposed by the Australian Council of Trade Unions and the Shop, Distributive and Allied Employees Association. The nature of the dispute centred on whether the proposed agreement complied with the Fair Work Act 2009 and its requirements for enterprise agreements. The Fair Work Commission heard the matter.

The primary legal issues before the Commission were whether the agreement met the statutory criteria for enterprise agreements under the Fair Work Act, including whether it provided for the appropriate minimum terms and conditions, and if it was appropriately certified. The Commission also had to consider whether the agreement had been made in accordance with the procedural requirements of the Act.

The Fair Work Commission concluded that the Defence Solutions South Australia Enterprise Agreement 2023 met the statutory criteria. The Commission found that the agreement contained all the required minimum terms and conditions, was appropriately certified, and was made in accordance with the procedural requirements of the Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement.

Accordingly, the Fair Work Commission approved the Defence Solutions South Australia Enterprise Agreement 2023. The agreement is now registered and in effect, providing a framework for the employment terms and conditions of the relevant employees. The decision of the Commission is final and binding, and no further legal action can be taken in relation to the approval of the agreement.

Eptec Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established