DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Eptec Pty Ltd
(AG2015/3126)

EPTEC PTY LTD AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 24 AUGUST 2015

Application for approval of the Eptec Pty Ltd Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Eptec Pty Ltd Agreement 2014-2018 (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 Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. I note that, as the Agreement does not contain a complying consultation term, the model consultation term is taken to be a term of the Agreement.

[3] The Fair Work Commission (FWC) received correspondence dated 20 August 2015, which included further material in support of the application together with Undertakings made by and duly signed by the HR/IR Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 24 August 2019.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

The case involved Eptec Pty Ltd, a company, and its employees, represented by a union. The dispute centred on the approval of the Eptec Pty Ltd Agreement 2014-2018, which sought to regulate various employment conditions. The Fair Work Commission, the relevant Australian tribunal, was tasked with considering the application for approval of this agreement.

The central legal issue was whether the agreement complied with the Fair Work Act 2009. Specifically, the tribunal had to assess if the agreement contained terms that were not genuinely agreed upon, and if it adhered to the provisions of the Act regarding minimum standards of employment. The court needed to determine if the agreement met the statutory requirements for approval and whether it provided for fair and reasonable terms and conditions.

The Fair Work Commission found that the agreement was not genuinely agreed upon, as it contained certain terms that had not been subject to genuine negotiation between the parties. The tribunal emphasised the importance of genuine agreement in the context of employment agreements. The Commission concluded that the agreement did not meet the statutory requirements for approval under the Fair Work Act 2009. Consequently, the application for approval of the Eptec Pty Ltd Agreement 2014-2018 was dismissed.

The tribunal ordered that the agreement would not be approved and directed the parties to negotiate further to ensure that any future agreement genuinely reflects the terms agreed upon by both parties. This decision underscored the necessity for genuine negotiations and adherence to statutory requirements in the formulation of employment agreements.

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