Eptec Pty Ltd T/A Eptec Defence Solutions Summary

[2024] FWCA 2994

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Eptec Pty Ltd T/A Eptec Defence Solutions

(AG2024/2929)

DEFENCE SOLUTIONS EAST AND THE MARITIME UNION OF AUSTRALIA DIVISION OF THE CONSTRUCTION, FORESTRY AND MARITIME EMPLOYEES UNION ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 14 AUGUST 2024

Application for approval of the Defence Solutions East and the Maritime Union of Australia division of the Construction, Forestry and Maritime Employees Union Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Defence Solutions East and the Maritime Union of Australia division of the Construction, Forestry and Maritime Employees Union Enterprise Agreement 2023 (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 T/A Eptec Defence Solutions. The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) given to employees was not in the prescribed form as required under s.174(1A) of the Act in that an outdated version was used. I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(5)(a) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

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

The Construction, Forestry and Maritime Employees 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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2024. The nominal expiry date of the Agreement is 28 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Defence Solutions East and the Maritime Union of Australia division of the Construction, Forestry and Maritime Employees Union Enterprise Agreement 2023, the Fair Work Commission was called upon to approve an enterprise agreement proposed by Eptec Pty Ltd, trading as Eptec Defence Solutions. The agreement sought to govern the employment conditions of maritime workers within the defence sector. The application was brought before the Commission following negotiations between the employer and the union representatives, which culminated in a proposed agreement that both parties sought to have approved and registered.

The legal issues before the Commission included whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically regarding the provisions for employee entitlements, classification, and other terms and conditions of employment. The Commission had to determine if the agreement met the criteria for good faith bargaining and whether it provided fair and reasonable terms and conditions for the employees. The application hinged on whether the proposed agreement was in the best interests of the employees and whether it adequately balanced the rights and obligations of both parties.

The Commission carefully reviewed the proposed agreement, assessing its compliance with the relevant legislative framework. It considered the evidence presented by both parties, focusing on the fairness of the terms, the process of negotiation, and the overall impact on the employees. The Commission concluded that the agreement was the product of genuine good faith negotiations and that it provided fair and reasonable terms and conditions for the employees. The proposed agreement was found to be in the best interests of the employees and met all statutory requirements. Consequently, the Commission approved the Defence Solutions East and the Maritime Union of Australia division of the Construction, Forestry and Maritime Employees Union Enterprise Agreement 2023.

The Fair Work Commission approved the proposed enterprise agreement, and it was registered accordingly. The decision affirmed the terms and conditions set out in the agreement, which now govern the employment of maritime workers at Eptec Defence Solutions. This outcome ensures that the agreement remains in force and provides a legally binding framework for the employment relationship between the parties.

Eptec Pty Ltd T/A Eptec Defence Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established