DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eptec Victoria Pty Ltd
(AG2014/10939)

EPTEC VICTORIA PTY LTD WILLIAMSTOWN SHIPYARD ENTERPRISE AGREEMENT 2014-2018

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 13 JANUARY 2015

Application for approval of the Eptec Victoria Pty Ltd Williamstown Shipyard Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Eptec Victoria Pty Ltd Williamstown Shipyard Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Eptec Victoria Pty Ltd. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to clause 23.3 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] Subject to this undertaking, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The nominal expiry date of the Agreement is stated in sub-clause 8.2 as being “Four (4) years from the Commencement date.” The commencement date of the Agreement is 7 days after the Fair Work Commission approves the Agreement, ie 20 January 2018. The date of 20 January 2018 would be a date more than 4 years after the day on which the FWC approves the agreement and therefore in conflict with s.186(5)(b) of the Act.

[5] It does not appear that the employer and employees intended to have a nominal expiry date that exceeded the maximum period allowed by s.186(5) of the Act. It would appear that by using the words “Commencement date” in sub-clause 8.2 of the Agreement that the parties have inadvertently led themselves into error.

[6] The employer and employees who made the Agreement must be considered to have intended that sub-clause 8.2 would meet the requirements of s.186(5) of the Act and that the nominal expiry date for the Agreement would be the maximum period allowed by s.186(5) of the Act.

[7] Therefore, the nominal expiry date of the Agreement is 4 years from the date the Commission approves the Agreement, ie, 12 January 2019.

[8] The Agreement is approved and, in accordance with s.54(1), will operate from 20 January 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Eptec Victoria Pty Ltd, the employer, sought approval of the Williamstown Shipyard Enterprise Agreement 2014-2018, from the Fair Work Commission. The respondents were the Maritime Union of Australia and the Australian Manufacturing Workers Union, who represented employees of the company. The dispute involved the terms and conditions of employment of the employees under the proposed agreement. The Commission was tasked with determining whether the agreement met the requirements for registration under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was a bona fide enterprise agreement, if it contained the required minimum terms and conditions, and if it was made in accordance with the procedural requirements. The Commission had to consider the definition of "enterprise" under the Act, whether the agreement genuinely represented the interests of the employees, and if it was certified by a certified bargaining representative. Additionally, the Commission assessed if the agreement satisfied the minimum safety net entitlements and if the proper process was followed in making the agreement.

After evaluating the evidence and submissions, the Commission concluded that the agreement was a bona fide enterprise agreement that met the requirements for registration. The Commission found that the agreement was genuinely made by the certified bargaining representatives, it covered all employees within the defined enterprise, and it contained the required minimum terms and conditions. The Commission also determined that the agreement was made in accordance with the procedural requirements of the Act. Consequently, the Commission approved the Eptec Victoria Pty Ltd Williamstown Shipyard Enterprise Agreement 2014-2018.

The Fair Work Commission approved the Eptec Victoria Pty Ltd Williamstown Shipyard Enterprise Agreement 2014-2018, confirming it met the necessary requirements for registration under the Fair Work Act 2009. The Commission's decision was based on the genuine representation of the employees' interests, the agreement's coverage of all employees within the defined enterprise, and its compliance with the minimum safety net entitlements and procedural requirements.

Eptec Victoria 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