Eptec Pty Ltd

[2019] FWCA 7011

[2019] FWCA 7011

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eptec Pty Ltd
(AG2019/3264)

EPTEC PTY LTD SERVICES ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 10 OCTOBER 2019

Application for approval of the Eptec Pty Ltd Services Enterprise Agreement 2019.

[1] Eptec Pty Ltd has applied for approval of a single enterprise agreement known as the Eptec Pty Ltd Services Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and the Agreement passes the “better off overall” test. Further information was provided in response to the concerns.

[3] Written undertakings were given in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). The employee bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] Noting clause 12.1 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] Noting clause 10 of the Agreement, I am satisfied that the consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement, pursuant to s.205(2) of the Act.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[7] The Agreement was approved on 10 October 2019 and, in accordance with s.54, will operate from 17 October 2019. The nominal expiry date of the Agreement is 10 October 2023.

DEPUTY PRESIDENT

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Annexure A