DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Equipa Pty Ltd T/A Equipa
(AG2018/6027)

EQUIPA PTY LTD ON-HIRE EMPLOYEES ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 5 APRIL 2019

Application for approval of the Equipa Pty Ltd On-Hire Employees Enterprise Agreement 2018.

[1] Equipa Pty Ltd has made an application for the approval of an enterprise agreement known as the Equipa Pty Ltd On-Hire Employees Enterprise Agreement 2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[1] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings. No objection was raised.

[2] 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

[3] 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.

[1] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[2] The Agreement was approved on 5 April 2019 and, in accordance with s 54, will operate from 12 April 2019. The nominal expiry date of the Agreement is 4 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Equipa Pty Ltd, trading as Equipa, applied for approval of the Equipa Pty Ltd On-Hire Employees Enterprise Agreement 2018. The dispute arose from the proposed enterprise agreement and its implications for the employees' conditions. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for the employees' pay and conditions in a fair and reasonable manner. This involved assessing the agreement against the provisions of the Fair Work Act, particularly sections 227 and 230, which require that an enterprise agreement must not be less favourable than the relevant award or safety net award, and must comply with the good faith bargaining requirements. The Commission also needed to ensure that the agreement did not discriminate against employees on the basis of their employment status.

The Commission found that the proposed agreement was compliant with the requirements of the Act. It was determined that the agreement did not disadvantage the employees by providing them with pay and conditions that were less favourable than those provided for in the relevant award. The Commission also concluded that the agreement was the product of genuine good faith bargaining and did not discriminate against employees. Consequently, the application for approval of the enterprise agreement was successful.

The Commission approved the Equipa Pty Ltd On-Hire Employees Enterprise Agreement 2018, effective from 1 January 2019, and mandated that it be registered with the Fair Work Commission. This decision ensures that the employees of Equipa are covered by an enterprise agreement that provides for their pay and conditions in a fair and reasonable manner, while also complying with the requirements of the Fair Work Act.

Equipa Pty Ltd T/A Equipa

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established