DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eptec Pty Ltd
(AG2018/7272)

EPTEC PTY LTD SHIP BUILDING & SHIP REPAIR ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 29 APRIL 2019

Application for approval of the Eptec Pty Ltd Ship Building & Ship Repair Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Eptec Pty Ltd Ship Building & Ship Repair Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eptec Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2019. The nominal expiry date of the Agreement is 28 April 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Eptec Pty Ltd was a ship builder based in Newcastle, New South Wales, and the case before the Fair Work Commission (FWC) involved an application for approval of the Eptec Pty Ltd Ship Building & Ship Repair Enterprise Agreement 2019. The applicant, the employer, sought to finalise the agreement, which had been negotiated and agreed upon with the employees' union, Maritime Union of Australia. The union represented the employees, who were engaged in the shipbuilding and repair industry. The primary dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it could be considered as meeting the requirements for a valid enterprise agreement.

The legal issues before the FWC included whether the agreement had been made in good faith, whether it contained the minimum terms and conditions mandated by the Fair Work Act, and whether it had been properly negotiated. The FWC had to consider whether the agreement provided fair and reasonable terms and conditions of employment, and whether it met the statutory requirements for approval. Specifically, the FWC examined whether the agreement appropriately balanced the interests of both the employer and the employees, and whether it adhered to the procedural fairness standards expected in the negotiation and conclusion of enterprise agreements.

The FWC determined that the Eptec Pty Ltd Ship Building & Ship Repair Enterprise Agreement 2019 met all the necessary criteria for approval. The Commission found that the agreement had been made in good faith and contained all the minimum terms and conditions required by the Fair Work Act. The FWC concluded that the agreement provided fair and reasonable terms and conditions of employment and was properly negotiated, adhering to the statutory requirements. Consequently, the FWC approved the agreement, finding it to be compliant with the relevant legislative provisions.

The FWC's decision was definitive, approving the enterprise agreement and confirming its validity. The Commission highlighted that the agreement was a product of genuine negotiation between the parties and reflected a fair balance of interests. As a result, the Eptec Pty Ltd Ship Building & Ship Repair Enterprise Agreement 2019 was duly approved and could now be implemented as the governing agreement for the employees within the specified enterprise.

Eptec 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