Eptec Pty Ltd

[2018] FWCA 7632

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Eptec Pty Ltd

(AG2018/5924)

EPTEC PTY LTD SUBMARINE/SURFACE SHIPS SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 DECEMBER 2018

Application for approval of the Eptec Pty Ltd Submarine/Surface Ships South Australia Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Eptec Pty Ltd Submarine/Surface Ships South Australia Enterprise Agreement 2018 (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.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

Subject to the undertakings referred to above, 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.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2018. The nominal expiry date of the Agreement is 16 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Eptec Pty Ltd applied to the Fair Work Commission for approval of the Eptec Pty Ltd Submarine/Surface Ships South Australia Enterprise Agreement 2018. The application was opposed by the Australian Maritime Officers’ Union. The Fair Work Commission was required to decide whether the application should be approved. In determining whether to approve the application, the Commission was required to consider whether the agreement was in the interests of the employees, and whether it was made in accordance with the requirements of the Fair Work Act 2009. The Commission found that the agreement was in the interests of the employees and that it was made in accordance with the requirements of the Act. The Commission noted that the agreement provided for a number of benefits for the employees, including a pay rise, improved leave provisions, and the introduction of flexible working arrangements. The Commission also noted that the agreement was made in good faith and that the employer had consulted with the employees and their representatives in good faith. The Commission approved the application and the agreement was registered. The Commission made orders for the registration of the agreement and the payment of certain costs.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established